jueves, 07 de abril de 2022
Can there be collaborating partners in a housing cooperative?
If you have reached this article about the collaborating members of a housing cooperative, and you have read all the previous articles of my Free Advice, you are already an expert!
This issue is something that most of the members of a cooperative are unaware of because it deals with more technical aspects that, normally, concern the Governing Council or the expert manager of the cooperative.
You already know that cooperative managers are the most important axis of the Cooperative, and that I do not recommend that you sign up for one that is not coordinated by one of them.
Well, having said this, which is very important, I am going to tell you in simple words what is that of the collaborating partners of a cooperative.
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What are the collaborating partners of a cooperative?
They are those who, without developing a specific function of the cooperative, can contribute to achieving its ultimate goal: that houses be built!
To put it another way, they cannot be part of the members of the main bodies of the cooperative, but they can help the cooperative.
The most common way of doing this is by contributing capital to the cooperative so that it reaches its goal. This is common because the financing of cooperatives is a complex issue. Having a financial partner is a great advantage!
Who can be a collaborating member of a cooperative?
In fact, it can be any natural or legal person, public or private, provided that the cooperative,s Statutes provide for the possibility that they can be used.
In addition, any member of the cooperative who requests to leave because they are not carrying out the activity for which they joined the cooperative may also be a member. There has to be a just cause!
What are the contributions of the collaborating partners?
Next, I will tell you in an easy way what the Cooperative Law says in this regard.
They must pay the financial contributions established by the General Assembly.
They may never exceed 45% of the total contributions to the share capital.
No new contributions to the cooperative,s share capital may be required.
In addition, your contributions will be accounted for separately. And you will have to use the account *Cooperative subscribed capital: Collaborating partners (1002...)*.
Can collaborating partners vote?
Yes, but with restrictions.
What the law says is that their vote will be weighted and they will be able to do so to participate in the socioeconomic rights and obligations of the cooperative. Above all, your right of separation!
It also places a limit on the number of votes of collaborating partners. Specifically, the sum of all their votes cannot exceed 30% of the votes cast in the social bodies of the cooperative.
For example, if a total of 250 votes are cast in a General Assembly, at most 75 votes may correspond to collaborating partners.
What is the responsibility of the collaborating partners?
The same as that of any member of the cooperative if it contracted social debts.
At most, it will be the contribution that each collaborating member would have made to the social capital of the cooperative. He would have paid it or not!
If the collaborating member had withdrawn from the cooperative, and the cooperative had contracted social debts before his withdrawal, he will be personally liable during the five years following his withdrawal. The limit will be what the cooperative would have reimbursed when you unsubscribed.
In the last case, the cooperative must try to pay the debt with its social assets. That is, with the money that the cooperative has. In the event that it does not fully cover it, to be able to request responsibility from the collaborating partner who had withdrawn, with the limits that I have mentioned.