Einde inhoudsopgave
Social enterprises in the EU (IVOR nr. 111) 2018/2.5.2
2.5.2 The Greek social cooperative enterprise (Koinsep)
mr. A. Argyrou, datum 01-02-2018
- Datum
01-02-2018
- Auteur
mr. A. Argyrou
- JCDI
JCDI:ADS586901:1
- Vakgebied(en)
Ondernemingsrecht / Rechtspersonenrecht
Voetnoten
Voetnoten
The concept of equality in governance and equal participation in the affairs of the Koinsep is manifested in the decision-making rule of ‘one man, one vote’; see art. 3(1) of the Social Entrepreneurship Law of 2011 and art. 19 of the Law 4430/2016 concerning Social and Inclusive Economy and Development of its Institutions and Other Provisions; see also art. 4(2) of the Law concerning Civil Cooperatives 1986.
Social Entrepreneurship Law of 2011, art. 3(6) and art. 16(3) of the Law 4430/2016 concerning Social and Inclusive Economy and Development of its Institutions and Other Provisions.
ibid art. 2(1) and ibid art. 16(3) of the Law 4430/2016.
This aspect of the principle of equality is laid down in art. 4(2) of the Law concerning Civil Cooperatives 1986, which is also an applicable law to the Koinsep on the basis of art. 5(1) of the Social Entrepreneurship Law of 2011 and in art. 19(3) of the Law 4430/2016 concerning Social and Inclusive Economy and Development of its Institutions and Other Provisions.
This is stipulated in art. 4(2) in the Law concerning Civil Cooperatives 1986 and applies respectively to the Koinsep according to the Law on the Social Entrepreneurship Law of 2011. Art. 4(2) states, ‘every member is entitled to request information about the state of affairs of the cooperative and receive copies of the minutes of the general assembly, the balance sheet and the profit and loss account.’
The governance model applicable to the Greek Koinsep generally requires equal treatment and participation of its members. The members are entitled to enjoy equal rights and are subject to equal obligations in the case of all the variations of the Koinsep.
The Social Entrepreneurship Law of 2011 and its amendment of 2016 stipulate a democratic model of representation that applies to the Koinsep. Such a democratic governance model requires the equal representation of all Koinsep members in its decision-making organs.1 It is likewise stipulated that every member must contribute to the cooperative capital and acquire one mandatory share. If desired, additional optional shares may possibly be acquired.2 The acquisition of optional shares does not confer any voting rights in favour of the acquirer.3 In this way, voting is exercised with the application of the ‘one man, one vote’ rule. Therefore, all members of the Koinsep equally enjoy influence and participation in decision-making.4 Furthermore, members of the Koinsep enjoy an equal right to be informed regarding the cooperative’s affairs, i.e. to receive information regarding the enterprise’s organisational, operational and financial progress and state of affairs.5
2.5.2.1 General meeting of the members2.5.2.2 Managing committee