Podział spółdzielni
Loading...
Date
1985
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Partition of a cooperative
Abstract
The Polish cooperative law of 1982 introduces new institutions, among others
it is a partition of the already existing cooperative. It can be performed in that
manner that a new cooperative is created from the apportioned part of the existing
one while the latter is acting from then on in a curtailed structure. Any cooperative
can be divided unless it is in liquidation or in bankruptcy. The cooperative is divided subject to the will of at least two thirds of its members. Consequently
the grounds for division are formed by the decision of the general
meeting of the cooperative members taken by the majority of two thirds of votes.
In course of the partition the new cooperative is being established. Its activity
is regulated by the general rules of cooperative law. It is the new particular
mode of forming a cooperative. Its main characteristic trait lies in the fact that
the cooperative is constituted by members of other cooperative and such will
can also be manifested by persons who are not becoming members of the cooperative
being established in course of the division of existing one.
The decision of general meeting made in case of the cooperatives partition
must include: a) denomination of the cooperative being partitioned and the cooperative
being formed in course of the partition, b) the list of members leaving
the partitioned cooperative for the newly created one, c) approval of the balance-
-sheet of the partitioned cooperative and a draft of distribution of property elements
and d) a date of the cooperative's division.
Provisions of the statute of cooperative formed in course of the partition
cannot curtail the property rights of its members. The decision of the general
meeting concerning the partition can be appealed against according to the general
rules known in the cooperative law. A right to lay an action against such decision
is granted to members of that cooperative and to managing board of the
competent central union. Decisions of the meeting of members moving from the
partitioned cooperative to the one formed in course of the partition can also be
appealed against in court.
A date of cooperative partition in a legal meaning is the date of entering
that event in the register. If the records of partition and of establishing new
cooperatives were entered by two courts at different time, then the date of registering
the forming of new cooperative is decisive in the aspect the cooperatives
partition.
In the effect of the partition part of members of the previously existing
cooperative moves to the newly created one. The property elements indicated
in the „draft of distribution" are also moved for the new cooperative, they include
mobilities and immobilities, technical equipement and means of production.
By virtue of the law the new cooperative takes over the duties and rights of the
previous one, mentioned in the „draft of distribution". It is a case of the cumamilative
transfers of debts. Two cooperatives are joint and several liable for these
debts.
The cooperative created in course of the division takes over the employees
as well. It enters into the legal relations effected by the labor contracts concluded
between those employees and the cooperative which was partitioned.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 3, s. 85-105