European Cooperative Society

The European Cooperative Society, Societas Cooperativa Europaea also briefly SCE, is an incorporated society. The possibility of establishing the SCE is since 18 August 2006.

Legal basis

The SCE is based on the law of the European Community. The relevant provisions of the Council Regulation (EC ) No 1435/ 2003 of 22 July 2003 on the Statute for a European Cooperative Society ( SCE). This is in accordance with an act of the European secondary legislation. Article 249, paragraph 2 of the Treaty, which is binding in its entirety and directly applicable unfolds throughout the European Community. They thus does not require the implementation in the Member States.

In order to regulate relations of co-determination law, the Council adopted Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees. Here the need to implement is given in the Member States, only the objectives of the act - but not the measures to achieve - are binding ( Article 249, paragraph 3 of the EC Treaty ).

The European Parliament passed on 15 October 2003 against the decree formally filed a lawsuit because it was not heard. On 2 May 2006, the matter was decided and dismissed the action.

In order to implement the law in Germany to introduce a European Cooperative Society and amending the law on cooperative societies ( EGSCE ) of 14 August 2006 ( Federal Law Gazette I p 1911 ) was adopted.

Nature and purpose

SCE shall have legal personality and the share capital is divided into shares. The stipulated in the registered office of an SCE must be in a Member State of the EU or EEA. The SCE is the counterpart at the European level to the national cooperative entities in the Member States. The purpose of the SCE is mainly to promote activities of the members and the gratification of members needs.

Foundation

An SCE may be formed of at least five legal or natural persons who have their (living) have sitting in two different Member States of the EEA. Similarly, an existing cooperative to be converted into an SCE when they had already at least two years a branch office in a Member State of the EEA. As a third possibility, there is the formation by merger of several cooperatives from different countries.

The company is the "SCE " preceded or followed. You may optionally bear the phrase " limited liability ". It requires initial capital of at least EUR 30,000. Member investors are allowed, shares are transferable or negotiable.