What is Act No. 94 / 1988 Coll.?

Act No. 94 / 1988 Coll., on Housing, Consumption and Production Cooperative — Law on housing, consumer and production cooperatives.

When it became Act No. 94 / 1988 Coll. effectiveness?

Act No. 94 / 1988 Coll. became effective 01.07.1988.

Is Act No. 94 / 1988 Coll. still valid?

Yes, Act No. 94 / 1988 Coll. is still valid and effective.

Act No. 94 / 1988 Coll. - Law on housing, consumer and production...

94

THE LAW

of 15 June 1988

on housing, consumer and production cooperatives

The housing, consumer and manufacturing cooperatives ("cooperatives') form an integral and equal part of the economic and social system of the Czechoslovak Socialist Republic and are significantly involved in its economic and social development. It helps to reproduce the wealth of socialist society and achieve its main objective, to best satisfy the people's material and spiritual needs and to raise their standard of living. Cooperatives contribute to the development of socialist social relations by their political, cultural and social activities.

The housing, consumer and production cooperatives, together with the cooperatives, are one of the essential elements of the national economy.

Cooperatives perform their economic, social and social tasks in accordance with the policy of the Communist Party of Czechoslovakia, leading and directing forces of socialist society and state. The organizations of the Czechoslovak Communist Party operating in cooperative organisations are the political core of the members of the collective and the workers and unify their efforts and efforts in them by the social organisations associated in the National Front to meet all social needs. They exercise the right of party control and ensure implementation of the Kadar policy of the Communist Party of Czechoslovakia.

The cooperative carries out the tasks of the State Economic and Social Development Plan and contributes to meeting the needs of the population. It consistently applies the principles of cooperative democracy and democratic centralism in terms of intra-cooperative life and socialist cooperative self-governance.

In order to create all-round conditions for the full use of cooperative opportunities and to increase its participation in the acceleration of the social economic development of the Czechoslovak Socialist Republic, the Federal Assembly decided on this law:

ČÁST I

GENERAL PROVISIONS

§ 1

Purpose of the law

The purpose of this Act is to regulate the status, legal circumstances and principles of activity

(a) housing, consumption and production cooperatives ("cooperatives") as one of the essential elements of the national economy, and

(b) associations of cooperatives, the Central Council of Cooperatives and Cooperative Enterprises (together with cooperatives hereinafter referred to as "cooperative organisations").

§ 2

Tasks of cooperative organisations

(1) The cooperative organisations, through their economic, social and social activities, contribute to the fulfilment of the tasks of the national economy and contribute to meeting the needs of citizens and socialist society.

(2) The cooperatives ensure by their economic activities:

(a) organisation of the preparation and implementation of construction, operation of residential and non-residential buildings and services associated with housing;

(b) services in the field of trade, public catering, tourism, additional food production and the purchase of certain agricultural and forestry products;

(c) production of consumer goods, custom-made production, repair and other services to the population and organisations, development of artistic crafts, nationwide efficient cooperation with state enterprises;

(d) other activities and services to meet the needs of the population and the national economy.

(3) The cooperatives shall develop their members' and workers' labour initiatives, ensure that their social and cultural needs are met, that their qualifications are continuously increased and that their working and social conditions are improved in line with the results of the cooperative's management. In the cooperatives in which the Revolutionary Trade Union movement operates, it does so in cooperation with it.

(4) Cooperatives as social organisations help to develop socialist social relations through their activities; cooperate with other social organisations and participate in the creation and implementation of National Front electoral programmes.

(5) The Cooperative Association and the Central Board of Cooperatives contribute to the performance of their tasks.

§ 3

Cooperative assets

(1) The assets of cooperative organisations constitute matters and property rights, including the rights to the results of research, development, project and other similar activities acquired in their creation and activities. This property is in cooperative socialist ownership.

(2) Cooperatives, cooperative associations and the Central Council of Cooperatives operate as owners of their property as well as parts of the national property which has been handed over to them for permanent use.

(3) The cooperative undertaking manages the assets in cooperative socialist ownership entrusted to it when it was established; further manages the property acquired by its activities, which is also part of the assets of cooperative socialist ownership.

(4) Cooperative organisations have the right to hold, use and dispose of the property with which they manage, and to protect and reproduce in order to achieve the best possible economic results and to meet fully the needs of socialist society.

§ 4

Activities of cooperative organisations and socialist legality

(1) Cooperative organisations carry out their activities in accordance with the principle of socialist legality.

(2) Cooperatives and cooperative undertakings shall develop their activities according to the principles of planning and economic competition in such a way that, in making use of all the possibilities given to them by the socialist legal order, they successfully fulfil their mission.

(3) Cooperative organisations shall not place their interests above those of society. Cooperatives and cooperative undertakings shall not abuse their economic position at the expense of other entities or act in any other way against the interests of the company.

§ 5

Cooperation with national committees

(1) Cooperative organisations cooperate in their work with the relevant national committees and participate in the comprehensive economic and social development of their territorial districts in the manner and under the conditions laid down by law. In their activities, they shall comply with the decisions of the national committees given in accordance with their respective competences.

(2) The relevant national committees shall comment on the development of cooperatives and cooperatives on the subject matter of their activities and on their fundamental changes.

ČÁST II

_

§ 6

Status of the cooperative

(1) The cooperative is a core article of the cooperative.

(2) The cooperative is a socialist organisation in which citizens and, where appropriate, organisations join together to better meet their needs and needs in line with the interests of the socialist society by joint action and by common means.

(3) The cooperative is a legal person; act in legal relations on its behalf and be responsible for those relationships.

§ 7

Chozrasčot and self-financing

(1) The cooperative operates independently on the basis of a complete chozrasčet.

(2) The cooperative shall meet its needs and the costs of revenue derived mainly from its economic activity as well as from other financial resources.

(3) On the basis of its profits, the cooperative pays its obligations towards the State (levies and taxes).

(4) The profit remaining after the implementation of the levies and taxes (hereinafter referred to as the "applicable profit") is used by the cooperative itself and cannot be withdrawn.

(5) The cooperative may create funds intended to finance extended reproduction, to finance expenditure on cooperative social consumption, to finance the necessary unplanned needs and expenditure and to cover economic risks, and, where appropriate, for other purposes in accordance with the statutes of the cooperative (hereinafter referred to as "the statutes').

§ 8

Cooperative government

(1) The cooperative carries out its activities on the basis of the principle of cooperative self-government.

(2) The members of the cooperative shall manage and control the activities of the cooperative through the members' meeting and the elected bodies in accordance with generally binding legislation and statutes.

§ 9

Separate cooperatives

(1) The activities and territorial scope of the cooperative may be restricted or intervened only under the conditions and in the manner laid down by law.

(2) The cooperative may seek protection under economic arbitrage under the conditions laid down by law against the interference of economic management bodies in its activities which are contrary to generally binding legislation. 1)

(3) The economic management body which, by intervening in the activities of the cooperative, has caused property damage to that cooperative is obliged to replace it. The conditions and extent of compensation for property damage, as well as cases where compensation is not granted, are laid down in law 1)

(4) If the cooperative's activities have caused property damage to the State or to another entity, it shall be liable to replace it within the scope and under the conditions laid down by law. 1)

ČÁST III

COORDINATION

§ 10

The formation of the cooperative

(1) The formation of a cooperative requires prior observations from the national committee in whose territory the cooperative is to have its seat and consultation with the cooperative association; and

(a) a resolution setting up meetings, the cooperative may create at least five citizens;

(b) the adoption of the Statutes;

(c) the election of the cooperative authorities;

(d) the consent of the competent authority of the State administration to the subject-matter of the operation, where specific provisions require such approval.

(2) The cooperative is established and may acquire rights and undertake obligations from the date of registration in the company register.

(3) The application for registration in the company register is submitted by the Board of Directors of the Cooperative Board ("the Board"); the proposal must be accompanied by a resolution setting up meetings, including the outcome of a previous discussion of the formation of the cooperative with the relevant national committee and the association of cooperatives, the statutes and the list of board members.

(4) The cooperative shall notify its formation to the national committee in whose territory it has its seat and to the cooperative association.

§ 11

Statutes

(1) The basic internal rules are the statutes drawn up by the cooperative in accordance with this law and other generally binding legislation.

(2) The statutes shall contain:

(a) the name of the cooperative which must expressly state that it is a cooperative and must exclude any confusion with the names of other organisations;

(b) the seat of the cooperative;

(c) the subject matter of the economic or other activity;

(d) provisions concerning the creation and termination of membership, the rights and obligations of members, as well as the procedure against non-members;

(e) the amount of the member's share or, where applicable, the basic member's contribution, the method of repayment and settlement of the member's loss of membership and the manner and extent of liability of the member for any loss of the cooperative;

(f) closer provisions on the cooperative bodies, their composition and their choice;

(g) provisions on cooperative bodies which are not governed by this law, on the way in which they are elected, on the way in which they take decisions and on the duration of their term of office;

(h) the identification and jurisdiction of the bodies of the cooperative active in disciplinary proceedings;

(i) in cooperatives where membership also includes a working relationship, provisions on the arbitration panel;

(j) the basic rules governing the management of the cooperative.

§ 12

Termination of the cooperative

(1) The cooperative shall cease:

(a) by division, merger or association;

(b) the winding-up of the cooperative repealed by decision of the member meeting;

(c) the winding-up of a cooperative, the winding-up of which has been decided by the competent State authority, where the cooperative infringes its essential obligations under the law.

(2) The assets, liabilities and members of the split cooperative are transferred to the extent specified in the resolution on the division into newly created cooperatives.

(3) Property, liabilities and members of the merged cooperative are transferred to the acquiring cooperative.

(4) When cooperatives are merged, the assets, liabilities and members are transferred to the newly created cooperative.

(5) When the cooperative is abolished, the cooperative enters liquidation; while the association of cooperatives appoints the liquidator. Entry into liquidation shall be entered in the company register. By entering the liquidator in the company register, the function of the cooperative authorities shall cease. Disposal is governed by generally binding legislation. 1) Any liquidation surplus remaining after the fulfilment of all the obligations and the repayment of the members' shares falls under the responsibility of the relevant cooperative association, which is obliged to use these funds to further develop the cooperative.

(6) The disappearance of the cooperative takes place on the day of the deletion from the company register. The application for erasure is submitted by a newly created or receiving cooperative, with the dissolved cooperative liquidator.

§ 13

Notification obligation

The cooperative to which the assets and liabilities of the acquired cooperative have been transferred shall immediately notify the organisations and other entities affected by the disappearance of the cooperative of the disappearance of the cooperative and the transfer of its assets and liabilities; the liquidator is responsible for the liquidation of the cooperative.

ČÁST IV

MEMBERS AND WORKERS

§ 14

Member of the cooperative

(1) Members of the cooperative may be citizens or, where appropriate, organisations, provided that the statutes of the cooperative so allow.

(2) The membership of the cooperative is voluntary.

§ 15

Fundamental rights and obligations of the cooperative member

(1) A member shall enjoy the following fundamental rights:

(a) participate in the management and control of the cooperative's activities, directly or through the elected authorities;

(b) vote and be elected to the cooperative's bodies;

(c) to participate in the results of cooperative business and in the benefits which the cooperative provides to its members under generally binding legislation and statutes;

(d) submit proposals to improve the activities of the cooperative, make comments and questions to the cooperative's authorities and be informed of their handling;

(e) in cooperatives where membership is also a work relationship, to work under the agreed conditions and to pay for the work carried out corresponding to the results of the work carried out, depending on the economic performance of the cooperative, and to assist the cooperative in increasing and expanding the qualifications in accordance with the needs of the cooperative.

(2) The Member has the following basic obligations:

(a) comply with the statutes, follow the decisions of the cooperative bodies and respect the principles of cooperative cooperation;

(b) participate actively and actively in the performance of the tasks and development of the cooperative;

(c) to consolidate and develop a common cooperative economy, protect and enhance the assets of the cooperative;

(d) to guarantee any loss of the cooperative in accordance with the statutes;

(e) in cooperatives where membership is also a work relationship, work under agreed conditions and increase their qualifications in accordance with the needs of the cooperative.

§ 16

Working relations of members

(1) In cooperatives where membership is also a work relationship, working relationships between the cooperative and its members are governed by the Labour Code with the following exceptions and derogations:

(a) for the working relationships of members, these provisions of the Labour Code governing:

1. the scope of the Labour Code in relation to the special headings of workers (Sections 2, 4 and 5);

2. participation of workers in the development, management and control of the organisation's activities (Sections 18 to 22, Section 27 (1));

3. framework contract (§ 34),

4. participation of trade unions in the transfer, translation and untying of employment (§ 41, 59);

5. the powers of managers and bodies to impose disciplinary action (Sections 78 (1) and (2));

6. social control of the Revolutionary Trade Union Movement (§ 136),

7. establishment and management of arbitration panels (§ 207 (2)),

8. transfer of rights and obligations from employment relations (Sections 249 to 251),

9. employment relations involving another socialist organisation and employment between citizens (Sections 268 and 269),

10. interpretation of certain terms (§ 271),

(b) where the Labour Code refers to an employment relationship, that is to say a member's employment relationship, that is to say a member's employment relationship. Where the Labour Code refers to an employment contract, this means an agreement on working conditions forming part of the membership application. Where the head of the organisation is referred to, the management board of the cooperative or, where appropriate, the body or official of the cooperative authorised by the management board,

(c) the provisions of the Labour Code on the competence of trade unions do not apply to working relationships between members; where the participation of trade unions is discussed, the statutes of the cooperative shall provide for the competence of the competent cooperative bodies in a manner appropriate to the conditions of the cooperative, in particular on termination of membership, social control of compliance with labour law and the state of safety and health at work;

(d) arbitration committees shall be established in accordance with the rules of the cooperative's statutes; the details of the implementation of the arbitration procedure are subject to general rules issued pursuant to Section 216 of the Labour Code with any derogations provided for in the Statutes or resolutions of the highest bodies of the cooperative,

(e) secondary activity (Section 71 of the Labour Code) may be carried out only in employment or on the basis of non-employment agreements;

(f) the working conditions of the cooperative shall be approved by the highest body of the cooperative, which shall also designate the authorities authorised to impose disciplinary measures;

(g) in cases where the Labour Code also allows certain working or wage conditions to be adjusted by collective agreement, such arrangements may be made by a resolution of the highest body of the cooperative,

h) where the Labour Code refers to a working collective, meaning a collective of members.

§ 17

Cooperative workers

(1) The cooperative, where the content of membership is not a working relationship, receives staff to perform its tasks in a labour relationship.

(2) The cooperative makes use of the experience, expertise and activity of its staff and their social organisations, in particular the Revolutionary Trade Union Movement and the Socialist Youth Association, whose representatives invite members to meetings or meetings of delegates and board of directors.

ČÁST V

COMPANY OF THE INSTITUTIONS

§ 18

Cooperative authorities and their decision-making

(1) The authorities of the cooperative are:

(a) the membership meeting or, where appropriate, the assembly of delegates;

(b) the Board of Directors,

(c) the President,

(d) the Audit Committee,

(e) other bodies according to the Statutes.

(2) The term of office of the elected members of the cooperative shall be five years, unless the statutes determine a shorter term.

(3) The authorities of the cooperative referred to in paragraph 1 (a), (b), (d) are eligible for a quorum if an absolute majority of their members are present. The resolution is adopted if they have been voted on by an absolute majority.

(4) Details of the elections of the cooperative bodies and their conduct may be laid down in the Rules of Electoral and Rules of Procedure; the arrangements for their approval shall be laid down in the statutes.

§ 19

Members' meeting

(1) The highest body of the cooperative shall be a membership meeting at which the members, in particular, exercise their right to manage and monitor the activities of the cooperative. If it is not possible to convene member meetings in view of the scope of the cooperative, the statutes may determine that the tasks of the member meeting shall be performed by the Assembly (conference) of delegates elected by the members of the cooperative.

(2) The Board of Directors shall convene the membership meeting as necessary, at least once a year.

(3) A member meeting must be convened if one third of the members so request and in other cases listed in the Statutes.

(4) Members' meetings shall include:

(a) adopt and amend the Statutes;

(b) to elect and withdraw members of the Board of Directors and the Audit Board; the method of choice is decided by the member meeting,

(c) discuss and approve reports by the Board of Directors and the Audit Board on the activities of the cooperative;

(d) approve the development concepts and economic plan of the cooperative, the principles of management including the creation and use of funds, the annual accounts and the decision on how to make a profit and pay any loss;

(e) to decide on appeals and complaints against decisions of the Board of Directors or, where appropriate, other cooperative bodies;

(f) approve the adoption of the cooperative consolidation programme;

(g) decide on the division, merger, merger and abolition of the cooperative;

(h) to decide on other matters relating to the cooperative and its activities, where provided for in this law, the statutes or, where appropriate, the rules of procedure.

(5) A member meeting may decide to divide, merge, merge or cancel a cooperative if it has been discussed in advance with a cooperative association and with the national committee in whose territory the cooperative is established.

§ 20

Board of Directors

(1) The Board of Directors is the executive and statutory body of the cooperative; is entitled to act on behalf of the cooperative in all matters. It shall ensure and monitor the implementation of the resolutions of the member meeting, report regularly to it on its activities and on the activities of the cooperative and shall be responsible for its activities.

(2) The Board of Directors shall direct the activities of the cooperative and decide on all matters which are not reserved for other cooperative bodies.

(3) The Board shall meet as necessary, but at least once a month.

(4) The manner in which the Board of Directors acts on behalf of a cooperative shall be governed by the statutes; However, if a written form is prescribed for the legal act of the Board of Directors, two members of the Board of Directors shall be signed.

(5) The Board of Directors shall elect from among its members the Chairperson or, where appropriate, the Vice-Chair (Vice-Presidents) and other officials; the method of choice is decided by the Board of Directors.

§ 21

The President

(1) The President shall organise and manage the meetings of the Board of Directors and the day-to-day activities of the cooperative. The President of the Board shall be responsible for the performance of his duties.

(2) The representation of the President shall be governed by the statutes.

§ 22

Audit Commission

(1) The Audit Committee is the supervisory body of the cooperative. It shall check compliance with the statutes of the cooperative, compliance with the resolutions of the members meeting and board of directors of the cooperative and the management of the cooperative; express its views on the annual accounts and on the proposal for the distribution of profits or the reimbursement of losses of the cooperative.

(2) The Audit Board shall elect a chairman from among its members; The Commission shall decide how to choose.

(3) The Audit Board is responsible for its activities and reports on its activities.

(4) The members of the Audit Board may not be members of the Board of Directors.

Citation	Act No. 94 / 1988 Coll., on Housing, Consumption and Production Cooperative
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	15.06.1988
Effective from	01.07.1988
Effective until	-
Status	Valid

Act No. 94 / 1988 Coll.

Law on housing, consumer and production cooperatives

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