The legal position of cooperative board members in the light of cooperative law

The new cooperative law of 1982 is strengthening principles of self-government and independence of cooperatives to considerably higher degree than the former act of 1961. It is particularly visible in regulations concerning cooperative organs. All those, with the exception of general meeting, of course, are elected and are operating collegiately. Board of cooperative has a particular function assigned. It is directing the operation of cooperative and represets it outside. It is vested with all the competence which has not been assigned to other cooperative organs in the Act or cooperative statute. That wide scope of tasks and competence calls not only for a precise definition of a board role as a collegiate organ but also of a role of its members. Respecting the principle of the collegiate board, cooperative law is individually treating the legal status of its members. It is manifested in the folkowing legal solutions: — a competent cooperative organ is not electing a board, but its members, specifying at the same time their positions i.e. the chairman of the board and co-chairmans, — a board cannot be called off as a cooperative organ, it is its particular members who are in a position of being recalled, — the general meeting is voting acceptance of accounts individually for every member of a board, — a particular board member can be suspended in his activities by a board of supervisors, — board members are personally responsible for their actions and omissions causing damage to a cooperative. The above circumstances which individualize a legal status of board members result in exposition of bonds of collegiality and one man management in the process of managing cooperative activities. It can be particularly visible in large cooperatives, operating in a wide range. It is also observed in instituting a post of a manager of current operation of cooperative in the new cooperative law. Such institution was not provided by previous cooperative acts of 1920 and 1961. The managerial post is usually offered to a board member, usually to a chairman. With that moment he becomes vested with a competence of a sole manager of establishment within a meaning of Labor Code.Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/201