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Coop Legal Reports
Guidelines for Cooperative Legislation third revised edition
This new third edition has been produced to incorporate new developments that impact how cooperative law is being developed. These new developments are multiple and include a general trend in the harmonization of law, the emergence of international regulations which directly impact enterprises, new regional cooperative legislation and regional framework laws as well as innovation in the cooperative form of enterprise itself. Since the last edition, there has also been a renewed interest in the cooperative form of enterprise. Their documented resilience to crisis and thus sustainability, and their particularity of being principles-based enterprises that are member-controlled and led are increasingly drawing the attention of governments, policy makers and citizens around the world.
After the Mortgage is Paid Off: Changes to the Governing Documents
When HUD is no longer involved, there are two schools of thought as to whether the governing documents should be amended. There is the ADo Nothing School.@ The rationale given is that by operation of law, the obsolete references in the articles and bylaws are void; thus, it is unnecessary to amend them.
AN ASSESSMENT OF LOAN REGULATIONS FOR RURAL HOUSING COOPERATIVES
All of the cooperatives were organized in the late 1970s or early 1980s. They range from eight to thirty-nine units, located in either the countryside or on the edge of small towns. The members are all low income, and many of them have lived for years in the co-op. Each of the co-ops has faced major crises, and they all struggle with issues of ownership and governance. Unfortunately, they have largely struggled in isolation, remote from any mutually supportive networks, or even contact with other cooperatives.
What Nonprofit Leaders Need to Know About... Lawsuits
This booklet is designed to inform nonprofit managers, board members and staff about the litigation process, so they can work more effectively with us to manage lawsuits lodged against them. The booklet begins with information about how to properly document incidents that may lead to lawsuits and then takes the reader step by step through the legal process generated by a lawsuit.
HOW DO THEY DIFFER: Co-ops, C-Corps, LLCs, Non-Profits, L3Cs, CMGs
Most business organizations form legal business entities to validate their business activities with the federal, state and local governments; and the general public.
There are essentially two keys to understanding the basic meaning of the Capper-Volstead Act and its special implications for agricultural producers, associations of producers, and the general public.
Sample legal documents for cooperatives
To comply with each of these limitations on its operations, a cooperative must have a set of organizational documents that is uniquely crafted to its particular situation. Drafting new, and updating old, legal documents of cooperatives takes both time and expertise. This report is intended to assist persons organizing new cooperatives, managers and directors of existing cooperatives, and their professional advisers to develop and update the important legal documents of cooperatives. It explains issues to be considered and options that are available. It provides sample language to be used as a starting point; the wording is not to be copied without review and thought.
Income Tax Treatment of Cooperatives: Table of Citations
accompany Cooperative Information Report 44, Parts 1 through 5, Income Tax Treatment of Cooperatives,
Antitrust Status of Farmer Cooperatives: The Story of the Capper- Volstead Act
The Capper-Volstead Act provides a limited exemption from antitrust liability for agricultural producers who market the products they produce on a cooperative basis. Without Capper-Volstead, farmers who agree amon g them selves on the pric es they 'll accept for their prod ucts and other terms of trade would risk being held in violation of antitrust law. Even with the exemption, agricultural producers are not f ree to un duly enhance the prices they charge, consolidate with or collaborate in anticompetitive conduct with nonproducers, or engage in conduct with no legitimate business purpose that is intended to reduce competition.
THE APPLICATION OF CIVIL RIGHTS LAWS TO HOUSING COOPERATIVES
THE APPLICATION OF CIVIL RIGHTS LAWS TO HOUSING COOPERATIVES: ARE CO-OPS BASTIONS OF DISCRIMINATORY EXCLUSION OR SELF-SELECTING MODELS OF COMMUNITY-BASED LIVING?
Lawyers cooperative governance liability and rick management
A CORPORATION IS A DISTINCT LEGAL ENTITY - •Applies to Co-operative Corporations, Business Corporations and Not-For-Profit Corporations. - •Generally, directors, officers, and members/shareholders are not liable for the actions or wrongs committed by a corporation. –Eample: Breach of contract - •However, there are some exceptions where directors, officers, and members/shareholders may be liable under statute and common law.
Impact of Tax Reform on Agricultural Cooperatives
Disclaimer: It should be noted that this is an initial examination of the proposed tax reform plan as of 12‐18‐2017. At the time of writing this fact sheet, the tax reform plan has not been passed into law. The analysis starts a discussion on how tax reform could impact a cooperative’s distribution of member profits. Individual cooperative directors and managers should consider their own situation before altering their distribution decisions.
LEGAL MANUAL for SMALL RURAL HOME COOPERATIVES
This manual is designed to help people in rural Wisconsin develop housing cooperatives composed of a small number of adjacent single family homes specifically designed for senior citizens. A companion manual, the Development Manual for Small Rural Home Cooperatives, covers the development process in detail.
Effective governance Keeping your records straight
Information for boards of trustees on the importance of good record-keeping to good governance As a board, you play a vital role in leading the future direction and performance of your school. This resource explains why it is important for boards to keep good records and offers some practical suggestions about how best to do this. These guidelines have been developed by the Ministry of Education (the Ministry) and NZSTA as part of the family of Effective Governance resources for school boards. These are available online, at http:// www.minedu.govt.nz/Boards.aspx. They will help you understand your governance role and how to fulfil the responsibilities that go with it.
Knowing Your Governing Documents
The governing documents of your cooperative are the tools of corporate control. They set the ground rules within which the members and board must operate. They are the standards by which courts will judge issues. Ignorance of them and how they work among themselves will leave you defenseless to those who do know how to use them. It is the difference between winning and losing.
Cooperative Marketing Agreements: Legal Considerations
This report focuses on the legal characteristics of cooperative marketing agreements. The basic legal principles governing marketing contracts are first reviewed. The integral parts that make up a marketing agreement are then examined in detail. Examples of common provisions used in marketing agreements appear throughout the report for purposes of illustration.
Legal Duties and Responsibilities of Co-op Board Members
Cooperatives are member organizations, unlike most other businesses. This places a unique responsibility on cooperative directors to be sensitive to the needs of members and balance their conflicting interests. Therefore, director decisions are based not only on what is most profitable, but also on what the needs of the members are.
A Business Owner's Legal Guide to Cooperative Conversion
This Guide has been prepared as a publication under an award to the Metropolitan Transportation Commission, as part of a project to increase worker-ownership for low- to moderate-income workers. We aim to provide an overview of the legal steps involved for you, a selling owner, to convert your business to employee-ownership. We provide a few models of how to convert your business, the issues raised in valuing your business, and related financing, governance and employment law considerations. Finally, we close with a few case studies that illustrate the points we raised in the guide. We hope you find this guide useful and please submit any comments or feedback to us at
Revolving Patron- Member Equity in Cooperatives
Statutory obligations to return retained equity Most cooperatives, similar to other business entities, are incorporated under individual state cooperative statutes that enable them to conduct business.2 State statutes are diverse, with widely varying requirements.
Legal Primer For Formation of Consumer-Owned Food Cooperatives
Cooperative Development Services has created a development model--"Four Cornerstones in Three Stages"-- to help people work through the steps of organizing a successful food cooperative. The steps referred to in this legal primer relate to the Organizing Stage of the model. However, reference is also made to various legal and financial tasks that will come into play in the Implementation Stage and beyond. Within the four cornerstones of co-op development--Vision, Talent, Capital and Systems--this legal primer focuses on the development of legal systems. And, because of the crossover between legal structure and financial issues in a business, considerable time is also devoted to discussions of capitalization and taxes.
Legal Sourcebook For California Cooperatives: Start-up and Administration
This third edition also incorporates and updates the information found in a second publication, A Legal Guide to Co-op Administration, by the same author and first published about two years after the second edition of the Sourcebook appeared. Such information is designed to assist directors, officers, and other persons responsible for the ongoing administration of worker and consumer cooperatives in California.
Limited Cooperative Association Statutes: An Update
Since 2001, new cooperative laws have been adopted in five states -- Wyoming, Tennessee, Iowa, Minnesota, and Wisconsin -- and introduced in the Nebraska state legislature. These laws do not replace existing cooperative statutes. They provide for the establishment of a new type of business entity, the limited cooperative association (LCA), which has characteristics of both the traditional cooperative and the limited liability company (LLC). Because the LCA can be structured in ways that contradict fundamental principles under which cooperatives traditionally have operated, there is concern that these new laws will subvert or dilute the cooperative business model.
Michigan Cooperative Housing History and Case Law
Owning a home is the quintessence of the American dream. A home purchase will be the largest purchase most Americans ever make. According to the United States Census Bureau 66.4 percent of Americans own their own home.1 Of this group, 1.2 million live in cooperative housing.2 First-year law students learn about traditional home ownership, titles, deeds, and mortgages in their property courses, but spend little or no time learning about this unique form of home ownership.3 Real estate professionals, mortgage brokers, and attorneys are often equally oblivious to the benefits and opportunities that cooperative housing offers Michigan homeowners.
National Housing Cooperatives Case Law Survey
ASK THE LAWYER CO-OP BASICS OPERATION OF THE COOPERATIVE
Planning for the operation of the cooperative must take place well before the formal transfer of ownership to the shareholders. The sponsor should be aware of the critical need to provide training in the operation of a cooperative to the new tenant-owners of the building.
All you need to know about legal forms and organizational types For co-operatives and community owned enterprises
We have written this guide for development professionals who are involved in advising and supporting new and existing organizations operating in the social economy sector and individuals who are considering establishing a new organization or reviewing the structure of their existing one.
MARKETING LEGAL COMPLIANCE IN THE REAL WORLD
We asked real-life tech marketers to tell us what’s REALLY going on behind-the-scenes at their companies in regards to a very vexing subject: legal compliance. Read on to see detailed responses from the survey…or if you’re short on time, here’s the summary:
model policies & procedures
introduction - -this tenancy agreement - is for fully - mutual co-ops managed - by general meeting. This means that the whole membership - forms the - governing body of the co-op. • This is a contractual tenancy
ORGANIZATION AND MANAGEMENT OF COOPERATIVE HOUSING ASSOCIATIONS
It is thought that this pamphlet will be particularly timely in view of the renewed interest in the provision of low-cost housing which is now evident and in view of the Administration’s new housing program which will offer opportunity for associations of this type. The contents of the present report are based upon study of successful cooperative housing enterprises both in this country and abroad. The Bureau takes this opportunity to acknowledge its indebtedness to the Cooperative League of the U.S.A., and especially to Agnes Dyer Warbasse, for the material furnished.
SUMMARY: 2017 CHANGES TO WISCONSIN’S COOPERATIVE LAW
Business statutes provide basic legal requirements for the organization and operation of different types of entities incorporated in a state. An organization incorporated under Wisconsin Chapter 185 is required to include “cooperative” in its legal name, and must follow certain statutory requirements that differentiate a cooperative from other types of business entities. The term “cooperative” cannot be used in the name of entities incorporated under other types of business statutes