Law · Legal Information · Justice
 

Co-operative

A group of people formed as a separate organization and which has as a stated purpose either in regards to the public at-large or in regards to the common interests of the members.

A group of people formed as a separate organization and which has as a stated purpose either in regards to the public at-large or in regards to the common interests of the members.

Also spelled "cooperative".

An organization or corporation typically non-profit (operated as nearly as possible at cost), organized by people with similar needs or common purpose and for whom the co-operative pursues the developments thereof.

Typically, a co-operative is distinguished from a for-profit corporation in that rather than raise capital by selling shares, the co-op would sell memberships; and rather than extend voting rights to shareholders, voting rights would be given to those who have bought memberships.

In the development of common law related to independent legal person, corporations which are not profit-seeking, nomenclature throughout common law jurisdictions has not been consistent. For what at the core represents a non-profit corporation, the terms used by jurisdictions include society, not-for-profit, non-profit, club, association and co-operative.

The Canadian jurisdiction of Ontario has a Co-operative Corporations Act which sets out the requirements for registration and membership and the core concept of any non-profit, that “the enterprise of the corporation is operated as nearly as possible at cost” (¶1).

New South Wales in Australia has a 1992 Co-operatives Act but not restricted to non-profit activities. An incorporated (or “registered”) cooperative in NSW can be  trading” or a “non-trading cooperative”, the salient feature of the latter stated in the legislation as follows:

“A non-trading co-operative must not give returns or distributions on surplus or share capital to members other than the nominal value of shares (if any) at winding up.”

Are we missing anything? If you think there is a term that should be included, please send us the suggestion

  • Dictionary
  • Resources
  • LawMag

Latest LagMag headlines:

H1N1 Law - Swine Law for a Swine Flu

In a state of public health law anarchy, professional hockey players receive a killer flu vaccine while infants and pregnant women wait.

The Death of the Common Law: Expiry date, 2100

Just about now, but for the economic might of the United States of America, the last funeral bell tolls of the common law would be fading.

Gretzky Law

The recent Phoenix Coyotes debacle, in which he left behind his job, is not the only time Wayne Gretzky has had to leave from the side exit of a courtroom.


Read earlier headlines »
Subscribe to stay in touch »

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top