Legal Consultancy for Agricultural and Craft Cooperatives

Cooperatives are essential organisational structures for the development of jointly conducted economic activities, providing members with the opportunity to collaborate more efficiently, access funding and benefit from specific tax and economic incentives.

However, operating a cooperative requires compliance with a distinct legal framework, different from the one applicable to commercial companies. From establishment and organisational matters to managing relationships between members and governing bodies, specialised legal consultancy contributes to sustainable development and the prevention of internal conflicts.

Our office provides comprehensive legal consultancy services for agricultural cooperatives, craft cooperatives and other forms of cooperative organisations.

Establishment of an Agricultural Cooperative

Choosing the appropriate legal form and correctly drafting the incorporation documents are essential steps for the success of a cooperative.

We provide legal assistance regarding:

• establishment of agricultural cooperatives;
• establishment of craft cooperatives;
• drafting the deed of incorporation;
• drafting the cooperative’s articles of association and bylaws;
• operation of the governing structure;
• registration procedures with the Trade Register;
• consultancy regarding the applicable tax regime and available tax incentives.

Amendment and Reorganisation of Cooperatives

During their activity, cooperatives may require changes to their organisational structure, membership or scope of activity.

We provide legal consultancy regarding:

• amendment of the deed of incorporation;
• updating the articles of association and bylaws;
• admission and withdrawal of members;
• reorganisation of activities;
• changes to governing bodies;
• increase of the cooperative’s assets;
• organisational transformations and restructuring.

Rights and Obligations of Cooperative Members

Relationships between members of a cooperative must be managed in accordance with applicable legal provisions and the cooperative’s governing documents.

We provide consultancy regarding:

• the rights of cooperative members;
• members’ obligations;
• distribution of benefits;
• exercising voting rights;
• relationships between members and governing bodies;
• exclusion of members;
• challenging decisions adopted by the cooperative’s governing bodies. 

Organisation and Operation of Cooperatives

A properly functioning cooperative requires clear procedures and compliance with applicable governance rules.

We assist cooperatives with:

• organising General Meetings;
• drafting resolutions and minutes;
• activities of the Board of Directors;
• compliance with legal obligations;
• prevention of internal conflicts;
• implementation of control and transparency mechanisms.

Funding and Projects for Cooperatives

Agricultural cooperatives are frequently involved in national and European funding programmes.

We provide legal support regarding:

• the legal structure required to access funding;
• partnerships and associations;
• commercial agreements;
• supply and distribution agreements;
• management of obligations undertaken within funded projects. 

Litigation and Disputes within Cooperatives

Differences in vision between members, disputes regarding the management of cooperative assets or challenges against decisions adopted by governing bodies may negatively affect the activity of a cooperative.

We represent cooperatives and cooperative members in disputes concerning:

• challenging resolutions of the General Meeting;
• challenging decisions of the Board of Directors;
• exclusion of members;
• property and financial rights;
• employment disputes;
• liability of administrators and governing bodies;
• enforcement of obligations undertaken by members;
• debt and receivables recovery. 

Dissolution and Liquidation of Cooperatives

When the activity of a cooperative can no longer continue, the legal procedures regarding its dissolution and liquidation must be followed.

We provide comprehensive legal assistance regarding:

• dissolution of cooperatives;
• liquidation of assets;
• de-registration from the relevant registers;
• representation before public authorities and courts.
  

Why Consult a Lawyer Specialised in Cooperatives?

Cooperative law includes specific particularities that differ significantly from the rules applicable to commercial companies. Specialised legal consultancy helps minimise legal risks, protect the interests of members and support the efficient development of the cooperative.

Drawing on our experience in assisting agricultural and craft cooperatives, we provide legal solutions tailored to the specific needs of each organisation.

Frequently Asked Questions

How is an agricultural cooperative established?

Establishing an agricultural cooperative involves drafting the incorporation documents, determining the founding members and registering the cooperative in accordance with the applicable legal procedures.

Can a member challenge resolutions adopted by the General Meeting?

Yes. In certain circumstances provided for by law and the cooperative’s articles of association and bylaws, resolutions may be challenged before the courts.

What are the advantages of an agricultural cooperative?

Cooperatives may benefit from tax incentives, improved access to funding, increased negotiating power and the optimisation of the economic activities carried out by their members.