European_cooperative_society

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Companies law
Basic forms:
Sole proprietorship
Partnership (General · Limited · LLP)
Corporation (LLC · S · C)
Cooperative
United States:
Business trust LLLP · Series LLC Delaware corporation Nevada corporation
European Economic Area, including European Union:
SE · SCE
United Kingdom / Commonwealth / Ireland:
Limited company (By shares · By guarantee) (Public · Proprietary) Community interest company
Civil law countries:
AB · AG · ANS · A/S · AS
K.K. · N.V. · OY · S.A. · GmbH
Doctrines
Corporate governance
Limited liability · Ultra vires
Business judgment rule
Internal affairs doctrine
De facto corporation and corporation by estoppel
Piercing the corporate veil
Rochdale Principles
Related areas of law
Contract · Civil procedure

The European Cooperative Society (SCE, for Latin Societas Cooperativa Europaea) is, in company law, a European co-operative type of company, established in 2006 and related to the European Company. European Cooperative Societies may be established, and may operate, throughout the European Economic Area (including the European Community). The legal form was created to remove the need for co-operatives to establish a subsidiary in each Member State in which they operate, and to allow them to move their registered office and head office freely from one Member State to another, keeping their legal identity and without having to register or wind up any legal persons. No matter where they are established, SCEs are governed by a single EEA-wide set of rules and principles which are supplemented by the laws on co-operatives in each Member State, and other areas of law.

Contents 1 History 1.1 Early attempts 1.2 Legislative history 1.3 SCEs in practice 2 Formation 3 Characteristics 3.1 Membership 3.2 Capital 3.3 Principles 4 Governing law 4.1 The EC Regulation 4.2 The Directive on Employee Participation 4.3 Transpositions in Member States 4.4 National law on co-operatives 4.5 Transfer of registered office 5 See also 6 References 7 External links

History

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Early attempts

Legislative history

SCEs in practice

Formation

Article 2(1) of the SCE Regulation provides for SCEs to be formed in five ways:

• ex novo: by five or more natural persons resident in at least two Member States
• by at least five natural and legal persons resident in, or governed by the law of, at least two Member States;
• by two or more legal persons governed by the law of at least two Member States;
• by a merger between at least two EEA co-operatives governed by the law of at least two different Member States;
• by conversion of a single EEA co-operative, if it has had an establishment or subsidiary in a different Member State for at least two years.

Characteristics

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Membership

Capital

Principles

Governing law

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The EEA-wide laws governing the SCE legal form consist of the EC RegulationCouncil Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE) (html) (pdf) and DirectiveCouncil Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees (html) (pdf) described below. Both of them were passed into law on 22 July 2003, and the Regulation, which established the SCE legal form, began to apply from 18 August 2006. Thus, subject to the necessary national laws being passed, SCEs could be created in Member States from 18 August 2006.

The EC Regulation

Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE) established the SCE legal form.

The Directive on Employee Participation

Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees sets out rules about representation and involvement of employees in European Cooperative Societies.

Transpositions in Member States

National law on co-operatives

Transfer of registered office

See also

• European Company Statute
• Co-operative

References

External links

• European Commission DG Enterprise & Industry: Statute for a European Co-operative Society
• Cooperatives Europe: Presentation about the \'Vade-Mecum de la SCE\' (French)

v • d • e Co-operatives
Types of Cooperatives	Agricultural cooperative · Building cooperative · Credit union · Consumers\' cooperative · Cooperative banking · Cooperative federation · Cooperative union · Cooperative Wholesale Society · Housing cooperative · Mutual insurance · Retailers\' cooperative · Social cooperative · Utility cooperative · Worker cooperative
The Rochdale Principles	Voluntary and open membership · Democratic member control · Member economic participation · Autonomy and independence · Education, training, and information · Cooperation among cooperatives · Concern for community
Political and Economic Theories	Cooperative federalism · Distributism · Owenism · Mutualism · Socialism · Social enterprise · Socially responsible investing
Key Theorists	Robert Owen · William King · The Rochdale Pioneers · G. D. H. Cole · Charles Gide · Beatrice Webb · Friedrich Raiffeisen · David Griffiths
Organizations	List of cooperatives · List of cooperative federations · International Co-operative Alliance · Co-operativesUK · Co-operative Party

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