Wyniki wyszukiwania - Biblioteka Nauki

Nowa wersja platformy, zawierająca wyłącznie zasoby pełnotekstowe, jest już dostępna.
Przejdź na https://bibliotekanauki.pl

Ograniczanie wyników

2 Pieniądze i Więź

2 2009

2 Stepnowska-Michaluk M.

Znaleziono wyników: 2

Liczba wyników na stronie

Wyniki wyszukiwania

Sortuj według:

Ogranicz wyniki do:

ASSETS OF COOPERATIVE BEING LIQUIDATED - PART II (Majatek likwidowanej spóldzielni - czesc druga.)

100%

Stepnowska-Michaluk M.

Pieniądze i Więź

2009

tom 12

nr 4(45)

91-100

After opening of liquidation, the cooperative still remains a legal entity and is in possession of its assets. However, said assets are no longer used in carrying out the cooperative's economic activity, but are completely subordinated to the objective of the liquidation: i.e. satisfaction or securing of interests of the creditors. After satisfying the creditors or securing their interests, members of the cooperative may decide that the assets remaining after the liquidation of the cooperative will be transferred as a contribution in kind onto the commercial law company created on the basis of the cooperative's assets. It is understood that such a commercial operation may take place both already during the liquidation process, as well as after its definitive end. The first method requires complete liquidation (dissolution) of the cooperative - it is the so-called. 'economic transformation' and passes almost simultaneously with the liquidation proceedings. The second method allows for formation of a limited liability company only after the end of the liquidation proceedings based on the assets of the liquidated cooperative. Moreover, after the end of liquidation also the possibility of creating a foundation based on assets remaining after the liquidation of the cooperative should be allowed. It seems that the creation of this entity will be possible only on the basis of a last resolution of the general shareholders meeting, and not on the basis of an independent decision of the liquidator, the may restrict the proprietary rights of the cooperative's members.

ASSETS OF COOPERATIVE BEING LIQUIDATED - PART I (Majatek likwidowanej spóldzielni - czesc I)

100%

Stepnowska-Michaluk M.

Pieniądze i Więź

2009

tom 12

nr 3(44)

The current legislation (Law of 16 September 1982 - Law on Co-operatives) provides that the assets of co-operatives are privately owned by their members, but it can still be shown that this rule can be seen differently at different stages of the existence of a particular co-operative, and especially in the period of its liquidation. It is also indicated that the structure of the assets of each co-operative is based on the funds strictly defined by law and the co-operative's statutes. These are: shareholders' payments fund and resources fund which are classified as obligatory co-operative's own funds. The co-operative can create at the same time other funds, operating under separate regulations and its own statutes. Principle is that these funds during the co-operative's economic activity are fully independent from each other and have very specific characteristics. Similarly, the co-operative put into liquidation remains a legal entity and continues to have command over its property, and until deletion from the companies register remains the assets' owner in terms of civil law. Commencement of the liquidation of a co-operative does not cause the loss of its property rights, especially those having character of real rights. In the course of the present study it was showed, however, that the opening of liquidation of the co-operative will bring about significant effects on the co-operative's assets. During the liquidation we can no longer speak of several independent co-operative's own funds, but about only one own fund. The above is a consequence of the fact that at the stage of liquidation, the co-operative is no longer conducting economic activity, and its main task is to liquidate the assets and satisfy the claims. Therefore, all funds of co-operatives from the date of liquidation commencement are somehow turned into one 'mass' serving the purposes of the liquidation procedures. Moreover, with the opening of liquidation, members of the co-operative are entitled to a number of claims of pecuniary character, which do not appear during other stages of co-operatives' existence. In addition, it was stressed that during the liquidation proceedings it is possible to transfer co-operative's assets to other entities working towards specific goals of the co-operative or social objectives - but the transfer procedure is not easy and is not admissible for all entities.