Social enterprises in the EU (IVOR nr. 111) 2018/2.6.2:2.6.2 The Greek social cooperative enterprise (Koinsep)

Social enterprises in the EU (IVOR nr. 111) 2018/2.6.2

2.6.2 The Greek social cooperative enterprise (Koinsep)

Documentgegevens:

mr. A. Argyrou, datum 01-02-2018

Datum: 01-02-2018
Auteur: mr. A. Argyrou
JCDI: JCDI:ADS585754:1
Vakgebied(en): Ondernemingsrecht / Rechtspersonenrecht

In the Social Entrepreneurship Law of 2011 and amendment of 2016, no stipulated obligations require from a Koinsep to report on its social activity. Any Koinsep is subject to random audits undertaken by the Registry. According to Article 11(1) of the Social Entrepreneurship Law of 2011, the Registry will request documentation and/or information regarding the Koinsep’s social purpose during the process of registration.1 Additionally, the Registry is authorised to request documentation and information regarding the cooperative’s affairs in random audits from the members of the managing committee if being randomly audited. If the Registry notes any infringement regarding the responsibilities that the members of the managing committee and the Koinsep members should bear, it is authorised to impose strict or lenient administrative penalties on the Koinsep, starting with fines and/or even the temporary removal of the Koinsep from the Registry.2 The Registry has the competence to request from the Ministry of Labour and Social Welfare a permanent removal of a

Koinsep from the Registry. Requests are provided particularly in cases of grave misconduct committed by either the members of the managing committee and/or the Koinsep members where they obtain – for example – illegal financial benefits for their own account or on behalf of others.3 Those who violate these provisions are also accountable to the general meeting, which decides on whether the violation was so severe that the participation of the lawbreaker in the activity of the Koinsep can no longer be tolerated.4

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Social Entrepreneurship Law of 2011, art. 11(1). The scrutiny was particularly assigned to a special department of monitoring and control as prescribed in art. 11 of the Law 4430/ 2016 concerning Social and Inclusive Economy and Development of its Institutions and Other Provisions.

The members of the managing committee bear responsibility to comply with the applicable legislation governing the Koinsep, the provisions of the SoA and the valid and legitimate decisions of the general meeting; ibid art. 11(3) and (7) of the Social Entrepreneurship Law of 2011 and art. 20(6) of Law 4430/2016 concerning Social and Inclusive Economy and Development of its Institutions and Other Provisions.

An example is the breach of provisions providing favourable benefits to the Koinsep(in art. 10 of the Social Entrepreneurship Law of 2011); ibid art. 11(7) of the Social Entrepreneurship Law of 2011 and art. 11(4) of the Law 4430/2016 concerning Social and Inclusive Economy and Development of its Institutions and Other Provisions.

The decision to dismiss can be appealed by the lawbreaker within one year at a Greek court starting from the day that the member was notified of the dismissal. The Law concerning Civil Cooperatives 1986, art. 2(8).