Co-Op legal entity?

Our man in Havana

Is a Co-op a legal entity in its own right?
Would a co-op be a limited company?

ronnie3585

I don't believe a Co-op it is a separate legal entity. Even if there is some sort of agreement in place between the parties to the Co-op it would not be considered a separate legal entity until such time as it incorporates as a limited Company.

I'm nearly sure there was a case like this struck out recently as the Co-op had been named as the Defendant when it should have been the individuals.

Our man in Havana

ronnie3585 wrote: »

I don't believe a Co-op it is a separate legal entity. Even if there is some sort of agreement in place between the parties to the Co-op it would not be considered a separate legal entity until such time as it incorporates as a limited Company.

I'm nearly sure there was a case like this struck out recently as the Co-op had been named as the Defendant when it should have been the individuals.

Very interesting stuff.

I would then follow that the opposite is true i.e. a Co-op cannot issue proceedings against anyone unless it is incorporated as a limited company as it is not a legal entity in its own right?

sh_o

I would think that an unincorporated co-op which has no legal existence could take proceedings through its trustee or office holders once they are identified as such.

Our man in Havana

The problem would be identifying them in the first place.

I found out that there is a register of friendly societies. Is there any way to look at a co-op's accounts online like you can with a regular limited company.

Rhonda9000

Bond-007 wrote: »

Is a Co-op a legal entity in its own right?
Would a co-op be a limited company?

Usually, Co-operatives are registered as companies Acts or as societies (under the appropriate company / societies legislation).

Credit Unions have special status, as do building soc's in Irish law and so have their own legislation but conceptually those are co-operatives too.

ronnie3585

Bond-007 wrote: »

I would then follow that the opposite is true i.e. a Co-op cannot issue proceedings against anyone unless it is incorporated as a limited company as it is not a legal entity in its own right?

I would think so. It would be the office holders or members of the co-op that would issue proceedings but the name of the co-op may be included in the title of the proceedings i.e Joe Blogs and John Blogs tradings as xxx Co-op v Jane Doe. I've seen this in relation to proceedings issued by partnerships.

dermot_sheehan

Though not knowing much about this area, my understanding is an industrial and provident society registered under the industrial and provident society acts (1893-1978) has corporate capacity and can sue and be sued in its own name.

maidhc

Most "Co-ops" in Ireland that I know of are plcs, e.g. Glanbia, Kerry Group all began as Co-operatives.

nuac

Co-ops can be registered under the Industrial and Provident Societies Act 1893 and amendments

credit unions were formed under this Act , and it is still the basis of their legislation- did not have their own Act in ROI until 1966.

The large agricultural coops that moved to PLC status can hardly be considered to be coops now

Co-ops formd under I and P S legislation are legal persons anc can sue and be sued same as a limited company..