Inherit such cooperative member contributionsany?
1. Regulations on inheritance of cooperative members' contributions?
According to Article 18 ofLaw on Cooperatives 2012, regulations on the return and inheritance of capital contributions, detailed provisions cover specific situations that make the return of capital contributions complex and diverse. This sets out many specific regulations and conditions to ensure fairness and transparency in the process of managing assets and capital contributions of cooperative members.
According to regulations, the return of contributed capital occurs upon termination of membership, and clearly stipulates the case of individual member's death. If the member is an individual and dies, the heir can continue to exercise the member's rights and obligations, which require them to meet the conditions under the 2012 Cooperative Law and the charter of the cooperative. cooperative. If they do not want to participate, they will inherit according to the provisions of law.
In case a member is a missing individual, the return of capital contributions and asset management are determined according to the provisions of law, especially if there is a declaration from the Court. In cases where members are limited or lose their civil act capacity, the capital contribution will be returned through the guardian, ensuring the members' rights and safety in this difficult situation.
Other complicated cases such as merger, division, separation, consolidation, dissolution, or bankruptcy of member legal entities are also clearly regulated, ensuring the process and rights of all parties involved.
If the contributed capital has no heirs, or the heirs refuse or are disqualified from inheriting, the contributed capital will be resolved according to the provisions of law, ensuring fairness and transparency.
Finally, special provisions for cases where heirs voluntarily leave assets to the cooperative are a special measure to promote support and consensus on the part of heirs, and also ensure that Contributed capital from this source will be integrated into the undivided assets of the cooperative.
Accordingly, the regulations under Article 18 of the 2012 Law on Cooperatives are a strict and comprehensive legal framework, ensuring strict management of members' contributed capital and assets in different situations, from termination of status. members to special legal situations such as disappearance, limited capacity, and voluntary leaving of assets.
Thus, the inheritance of capital contributions to cooperative members is carried out in accordance with the provisions of law, if the heir meets the conditions prescribed by law and the charter and voluntarily participates. Joining the cooperative will become a continuing member and continue to exercise the rights and obligations of members.
2. What principles do cooperative heirs need to follow?
Inheriting members of the cooperative are essentially also members of the cooperative, accordingly they also need to follow the principles of organizing and operating the cooperative as prescribed in Article 7 of the 2012 Law on Cooperatives. Specifically can be as follows:
- Cooperative heirs are not simply holders of rights and benefits from capital contributions, but are also members who actively participate in the cooperative's activities and organizational rules, as outlined in this Article. prescribed in Article 7 of the 2012 Law on Cooperatives. This regulation contains basic principles to ensure transparency, fairness and autonomy in the operations of cooperatives.
- One of the notable points is that individuals, households, and legal entities have the right to voluntarily establish, join or leave cooperatives. This demonstrates the spirit of freedom and flexibility in the formation and change of membership of the cooperative, as well as diversity and positivity in the business community.
- Cooperatives and cooperative unions are encouraged to admit a wide range of members, creating conditions for diversity and consensus in the process of deciding on organization, management and operations. Members' rights and voting rights are guaranteed to be equal, regardless of the level of capital contribution. This helps build a fair environment and encourages positivity and creativity from all members.
- Transparency and complete information are also given top priority. Members and member cooperatives have the right to be provided with accurate and timely information on production, business, financial activities, income distribution and other contents according to the provisions of the charter. This ensures understanding and active participation from members, contributing to the effective management of the cooperative.
- The autonomy and responsibility of cooperatives and cooperative unions before the law are emphasized, ensuring independence and responsibility in operational management. Commitments under the service contract and charter are also fully and accurately implemented by members, member cooperatives, cooperatives, and unions of cooperatives.
In addition, cooperatives and cooperative unions not only care about the business aspect but also ensure the sustainable development of the member community. Care, education, training, and fostering for members, managers, and employees is a top priority, contributing to the overall development of the community.
Furthermore, cooperatives and cooperative unions also aim to create an environment for cooperative development on large scales, from local, regional, national to international. This demonstrates the cooperative's strong commitment to building a global business community that supports and cooperates closely with each other.
In general, the principles and regulations in Article 7 of the 2012 Cooperative Law not only set a legal framework for cooperative operations but also promote sustainable, transparent, and positive development in the community. cooperative business agreement.
3. What are the obligations of cooperative members?
Based on the provisions in Article 15 of the Cooperative Law 2020, the inheriting members of the cooperative have the following obligations:
- Use of products and services: Inherent members must use products and services of the cooperative, as well as the cooperative union according to service contracts. This helps maintain balance and support other members of the cooperative community.
- Capital contribution: Inheriting members are responsible for contributing capital in full and on time according to the commitment stipulated in the charter. This ensures there are enough resources for the cooperative to operate effectively.
- Financial responsibility: Members must be responsible for the debts and financial obligations of the cooperative within the scope of their capital contribution. This includes ensuring timely payments and maintaining financial stability for the cooperative's operations.
- Compensation for damage: Inheriting members must compensate for damage they cause to the cooperative and cooperative union according to the provisions of law. This demonstrates personal responsibility in protecting and maintaining organizational stability.
- Compliance with regulations: Members must strictly comply with the charter and regulations of the cooperative and cooperative union, as well as the decisions of the general meeting of members and the board of directors. This ensures harmony and compliance in the cooperative's policy decision and implementation process.
- Other obligations: Members are also subject to other obligations according to the provisions of the charter, which may include special responsibilities depending on the type of cooperative and specific industry.
These obligations are not only the basis for building effective partnerships within cooperatives but also help create a strong and sustainable cooperative community.