Thursday, January 19, 2017

Cooperatives and changes in the voting rules – the Republic

to Improve the performance of cooperatives wants the Ministry of Infrastructure and the construction of this purpose is working on new rules. It appears, however, that they cause a huge controversy.

the power of Attorney for all

we are talking about the draft amendments to the law on housing cooperatives. Just ended a public hearing for this project. Relationship auditing of housing co-operatives and associations, condominiums reported a lot of reservations. Most of all it concerned the membership in the cooperative.

the Project provides that the lawyer may submit to the General Assembly more than one member of the cooperative. In the opinion of the Regional Audit Union of Cooperatives in the Housing sector in Katowice and the proposal is contrary to the basic principles of co-operative banks, which can vote only one person.

– Change can lead to the absorption of one or more persons of control over the decisions of the General meeting, – said Zbigniew moira kelly, Chairman of the Board of the Union.

the Idea is also criticized by the national Union of Tenants and Spółdzielców. According to him, the changes are only artificial attendance in General and will allow the staff of the cooperative decision-making in their interests. They suggested that the power of attorney of the physical person could replace one member and the attorney pointed toward the General.

Vote until midnight

Victims ‘ Associations Bezczynnością Bodies housing co-operatives “justice” of Ore Silesian drew attention to another proposal of the draft amendments in respect also of the General meeting. It follows from it that the decisions of the General needs to tell the majority of the total number of members participating in the vote. Today, the recipe says, but “the majority of the total number of members participating in common.”

According to this Association the changing threat. Often, because the General Assembly continued till late evening just to scare some spółdzielców to participate. As a result, midnight is already a few of them. If the proposed version of the rules came into force, this handful decydowałaby about the fate of the cooperative.

Cooperative taxes

Many doubts sparked proposals for the settlement of the cooperative. Will be required to pay to owners of newly created residential community for zewidencjonowanych for the property of funds in the repair Fund. At the moment there are no laws concerning payments between the community and the cooperative. Against this background comes to disputes.

According to the National Auditing Union of housing Cooperatives in Warsaw to settle the issues of financial settlement between spółdzielniami and communities is undoubtedly necessary. This proposal, however, does not remove all doubt. The fact is that under the current interpretation of tax legislation, co-operatives have with this title to pay CiT.

to Eliminate kadencyjność

the Relationship of the audit were also addressed to the Minister of infrastructure and construction to back niekadencyjność of the Board of Directors. Today it is possible to be a member of the Council only two terms. Because of this, many cooperatives have a huge problem with the search of candidates for the Board of Directors.

Small cooperatives may even cease to exist because of this.

legislative stage: after public consultation

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