The European Cooperative Society (SCE, for Latinsocietas cooperativa Europaea) is, in corporate law, a European cooperativetype of company, established in 2006 and related to the Societas Europaea (SE). They may be established and may operate throughout the European Economic Area (EEA, including the European Union). The legal form was created to remove the need for cooperatives to establish a subsidiary in each member state of the European Union in which they operate, and to allow them to move their registered office and headquarters freely from one member state to another, keeping their legal identity and without having to register or wind up any legal persons. No matter where they are established, SCEs are governed by a single EEA-wide set of rules and principles which are supplemented by the laws on co-operatives in each member state, and other areas of law.
This section is empty. You can help by adding to it. (June 2023)
Early attemptsedit
Legislative historyedit
SCEs in practiceedit
In 2015, the German meat marketer Westfleisch [de] changed its legal form to a Societas cooperativa Europaea.[1] In 2018, OurPower,[2] the first European cooperative based in Austria, was founded.[3]
Formationedit
Article 2(1) of the SCE Regulation[4] provides for SCEs to be formed in five ways:
ex novo: by five or more natural persons resident in at least two member states
by a merger between at least two EEA co-operatives governed by the law of at least two different member states;
by at least five natural and legal persons resident in, or governed by the law of, at least two member states;
by conversion of a single EEA co-operative, if it has had an establishment or subsidiary in a different member state for at least two years.
by two or more legal persons governed by the law of at least two member states;
Characteristicsedit
Membershipedit
The creation of a cooperative: by 5 or more persons residing in different Member States or by legal entities established in different Member States.
Capitaledit
The issued capital shall not be less than EUR 30,000.
Shares issued shall be paid for on the day of the subscription to not less than 25% of their nominal value. The balance shall be paid within five years unless the statutes provide for a shorter period.
Principlesedit
This section needs expansion. You can help by adding to it. (August 2020)
The two specific pieces of EU legislation providing the legal basis for the SCE legal form – which apply throughout the European Economic Area – are:
Council Regulation (EC) No 1435/2003[4] of 22 July 2003 on the Statute for a European Cooperative Society (SCE) which established the SCE legal form.
Council Directive 2003/72/EC[5] of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees which sets out rules about representation and involvement of employees in European Cooperative Societies.
Both of them were passed into law on 22 July 2003, and the regulation, which established the SCE legal form, began to apply from 18 August 2006. Thus, subject to the necessary national laws being passed, SCEs could be created in member states from 18 August 2006.
The SCE Regulation is currently under review in accordance with its article 79. This process started more than three years ago and, among other things, involved an in-depth study, [6] two public consultations, three conferences, and a report from the EC.[7]
The European Commission has recently announced that it does not plan to revise the SCE Regulation (as well as the SE Regulation) in the short term.[8]
Catherine Cathiard and Arnaud Lecourt, "La Pratique du Droit Européen des Sociétés – Analyse comparative des structures et des fusions transfrontalières", [Practice of European Company Law – Comparative analysis of European structures and cross-border mergers], Paris, JOLY Editions, Pratique des Affaires, 2010(available in French).
Catherine Cathiard, "La coopérative européenne" (the European Cooperative Society), JCP E n°1-2009 (French).
Referencesedit
^. CMS. 2015. Archived from the original on 14 December 2022.
^"OurPower - die Energiecooperative. Mach Deinen Strombezug zur Strombeziehung". ourpower.coop. from the original on 5 January 2024.
^ ab"Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE)". EUR-Lex. from the original on 20 March 2014.
^"Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees". EUR-Lex. 22 July 2003. from the original on 20 February 2014.
^(PDF). 23 February 2012. Archived from the original (PDF) on 24 February 2014. Retrieved 1 July 2023.
^"Action plan: European Company Law and Corporate Governance, COM(2012) 740 final, of 12 December 2012". p. 14.
External linksedit
Summaries of EU legislation > Employment and social policy > Social dialogue and employee participation > Statute for a European Cooperative Society
Cooperatives Europe: Presentation about the 'Vade-Mecum de la SCE'[permanent dead link](in French)
blog of Maître Catherine Cathiard, Avocat (French).
(presentation of the book written by Catherine Cathiard and Arnaud Lecourt)
: Executive Summary and Part I: Synthesis and comparative report 4 March 2016 at the Wayback Machine and Part II: National Reports
January 01, 1970
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The European Cooperative Society SCE for Latin societas cooperativa Europaea is in corporate law a European cooperative type of company established in 2006 and related to the Societas Europaea SE They may be established and may operate throughout the European Economic Area EEA including the European Union The legal form was created to remove the need for cooperatives to establish a subsidiary in each member state of the European Union in which they operate and to allow them to move their registered office and headquarters freely from one member state to another keeping their legal identity and without having to register or wind up any legal persons No matter where they are established SCEs are governed by a single EEA wide set of rules and principles which are supplemented by the laws on co operatives in each member state and other areas of law Contents 1 History 1 1 Early attempts 1 2 Legislative history 1 3 SCEs in practice 2 Formation 3 Characteristics 3 1 Membership 3 2 Capital 3 3 Principles 4 Governing law 5 See also 6 References 7 External linksHistory editThis section is empty You can help by adding to it June 2023 Early attempts edit Legislative history edit SCEs in practice edit In 2015 the German meat marketer Westfleisch de changed its legal form to a Societas cooperativa Europaea 1 In 2018 OurPower 2 the first European cooperative based in Austria was founded 3 Formation editArticle 2 1 of the SCE Regulation 4 provides for SCEs to be formed in five ways ex novo by five or more natural persons resident in at least two member states by a merger between at least two EEA co operatives governed by the law of at least two different member states by at least five natural and legal persons resident in or governed by the law of at least two member states by conversion of a single EEA co operative if it has had an establishment or subsidiary in a different member state for at least two years by two or more legal persons governed by the law of at least two member states Characteristics editMembership edit The creation of a cooperative by 5 or more persons residing in different Member States or by legal entities established in different Member States Capital edit The issued capital shall not be less than EUR 30 000 Shares issued shall be paid for on the day of the subscription to not less than 25 of their nominal value The balance shall be paid within five years unless the statutes provide for a shorter period Principles edit This section needs expansion You can help by adding to it August 2020 Governing law editThe SCE legal form is a creature of European Union law The two specific pieces of EU legislation providing the legal basis for the SCE legal form which apply throughout the European Economic Area are Council Regulation EC No 1435 2003 4 of 22 July 2003 on the Statute for a European Cooperative Society SCE which established the SCE legal form Council Directive 2003 72 EC 5 of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees which sets out rules about representation and involvement of employees in European Cooperative Societies Both of them were passed into law on 22 July 2003 and the regulation which established the SCE legal form began to apply from 18 August 2006 Thus subject to the necessary national laws being passed SCEs could be created in member states from 18 August 2006 The SCE Regulation is currently under review in accordance with its article 79 This process started more than three years ago and among other things involved an in depth study 6 two public consultations three conferences and a report from the EC 7 The European Commission has recently announced that it does not plan to revise the SCE Regulation as well as the SE Regulation in the short term 8 See also editCooperative Types of legal European business entities Catherine Cathiard and Arnaud Lecourt La Pratique du Droit Europeen des Societes Analyse comparative des structures et des fusions transfrontalieres Practice of European Company Law Comparative analysis of European structures and cross border mergers Paris JOLY Editions Pratique des Affaires 2010 available in French Catherine Cathiard La cooperative europeenne the European Cooperative Society JCP E n 1 2009 French References edit News amp Information Conversion to European cooperative CMS successfully advises Westfleisch on internationalisation process CMS 2015 Archived from the original on 14 December 2022 OurPower die Energiecooperative Mach Deinen Strombezug zur Strombeziehung ourpower coop Archived from the original on 5 January 2024 Impressum OurPower Retrieved 20 May 2020 a b Council Regulation EC No 1435 2003 of 22 July 2003 on the Statute for a European Cooperative Society SCE EUR Lex Archived from the original on 20 March 2014 Council Directive 2003 72 EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees EUR Lex 22 July 2003 Archived from the original on 20 February 2014 Co operatives Small and medium sized enterprises SME Enterprise and Industry Archived from the original on 3 November 2012 Report from the Commission to the European Parliament PDF 23 February 2012 Archived from the original PDF on 24 February 2014 Retrieved 1 July 2023 Action plan European Company Law and Corporate Governance COM 2012 740 final of 12 December 2012 p 14 External links editSummaries of EU legislation gt Employment and social policy gt Social dialogue and employee participation gt Statute for a European Cooperative Society European Commission gt Enterprise and Industry gt Policies gt Small and medium sized enterprises SMEs gt Promoting Entrepreneurship gt Social Economy gt Co operatives Cooperatives Europe Presentation about the Vade Mecum de la SCE permanent dead link in French European Cooperative Society background interest first SCE blog of Maitre Catherine Cathiard Avocat French La pratique du droit europeen des societes analyse comparative des structures et des fusions transfrontalieres JOLY Editions 2010 presentation of the book written by Catherine Cathiard and Arnaud Lecourt Study on the implementation of the Regulation 1435 2003 on the Statute for a European Cooperative Society SCE Executive Summary and Part I Synthesis and comparative report Archived 4 March 2016 at the Wayback Machine and Part II National Reports Retrieved from https en wikipedia org w index php title Societas cooperativa Europaea amp oldid 1209847048, wikipedia, wiki, book, books, library,
