The question remains in all these phases that
Posted: Wed Jan 22, 2025 9:30 am
“Cooperative societies, whatever their nature, civil or commercial , are societies of people and not of capital, with a “ sui generis ” legal form , which are distinguished from other societies by the following characteristic points, and the statutes cannot include provisions that infringe them”.
“The decree, in art. 38, lists civil cooperatives, to, in art. 42, prescribe:
“No one may organize a cooperative society, or be a member bulk sms service austria thereof, solely with the intention of enjoying the profit permitted for shares in the share capital , or with the intention of exploiting the labor of others, whether salaried or not; nor may merchants or commercial agents who trade with the same purposes and object as the society join cooperatives.”
“Decree No. 6,980 of March 19, 1941, which established regulations for the inspection of cooperatives, emphasizes the non-commercial nature of these companies.
“The precepts transcribed above are in force by virtue of decree-law number 8,401, of December 19, 1945.
“VI. Chapter II, Title I, contains the rules on the formation of companies, the filing and publication of their articles of incorporation. There are no major changes to the current system. The new provisions result from the teachings of commercial practice or from good doctrine on the subject. The project recognizes the legal autonomy of irregular companies and de facto companies. It would deny reality if it did not provide for this. It therefore regulates the legal consequences of their existence and operation (articles 14, 15 and 16). Even in the country's large commercial centers, there are, for well-known reasons, numerous such companies.
“The decree, in art. 38, lists civil cooperatives, to, in art. 42, prescribe:
“No one may organize a cooperative society, or be a member bulk sms service austria thereof, solely with the intention of enjoying the profit permitted for shares in the share capital , or with the intention of exploiting the labor of others, whether salaried or not; nor may merchants or commercial agents who trade with the same purposes and object as the society join cooperatives.”
“Decree No. 6,980 of March 19, 1941, which established regulations for the inspection of cooperatives, emphasizes the non-commercial nature of these companies.
“The precepts transcribed above are in force by virtue of decree-law number 8,401, of December 19, 1945.
“VI. Chapter II, Title I, contains the rules on the formation of companies, the filing and publication of their articles of incorporation. There are no major changes to the current system. The new provisions result from the teachings of commercial practice or from good doctrine on the subject. The project recognizes the legal autonomy of irregular companies and de facto companies. It would deny reality if it did not provide for this. It therefore regulates the legal consequences of their existence and operation (articles 14, 15 and 16). Even in the country's large commercial centers, there are, for well-known reasons, numerous such companies.