Posted the: 2013-07-24 Numac: 2013011366 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy July 12, 2013. -Law amending the law of July 20, 1955, establishing a national Council for co-operation (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. article 1 of the Act of 20 July 1955 with establishment of a national Council for co-operation is replaced as follows: Article 1. For the purposes of this Act, shall mean: 1 ° cooperative society: cooperative society referred to in Book VII of the Code of corporations, including cooperative society with a social purpose referred to in book X of the Code of corporations, the European cooperative society referred to in book XVI of the Code of corporations, as well as any company with an equivalent form in another EU Member State European;
2 ° group: any organization or entity that has been designated by at least two cooperatives agreed to represent them in the national Council of Cooperation;
3 ° non-cooperative affiliate Group: any approved cooperative society that has not appointed a group to represent the national Council of Cooperation;
4 ° competent authority: courts and tribunals or administrative authorities responsible for regulation and control of the company law. » Art. 3. in the same Act, it is inserted an article 1/1 as follows: «art.» 1/1.
There is hereby established a national Council for Cooperation, whose mission is to: 1 ° study and promote all measures to disseminate the principles and the cooperative ideal as defined by the international co-operative Alliance;
2 ° contact a Minister and, in matters within its competence, to the central Council of the economy, or at their request, either initiative and in the form of reports expressing different points of view exposed in her womb, all advice or proposals concerning issues relating to cooperative activity. » Art. 4. article 2 of the Act is replaced by the following: «art.» 2. the national Council for co-operation has for bodies the General Assembly and the bureau. » Art. 5. article 3 of the Act is replaced by the following: «art.» 3. the General Assembly is composed of representatives of the groups and cooperative companies not affiliated with a group, approved in accordance with the conditions laid down by article 5 and its implementing measures.
Each cooperative society not affiliated with a group may designate a representative. However, the groups have the right to appoint two representatives to the General Assembly. It goes same for cooperatives not affiliated to a group employing more than 100,000 related. Each representative shall have one vote.
The General Assembly meets at least once a year upon convocation by the office. ÷ This meeting, the Board presents a progress report on the past year. This activity report is made public. The office also presents the General Assembly its plans for the coming year.
OIOS also convenes the General Assembly for a special meeting when he must give its opinion on the laws or regulations directly relating to the existence, operation or the tasks of the national Council for co-operation.
The office presented a draft opinion to the General Assembly for this purpose.
On a proposal from the bureau, the Assembly establishes the rules of procedure of the national Council of Cooperation. It provides the practical modalities of the functioning of the General Assembly, the bureau and the commissions.
It is transmitted by the office to the Minister for approval in charge of the economy.
The General Assembly approves the proposals submitted by the bureau to the majority of two thirds in their entirety, or dismisses them completely. When a project is denied, the bureau may resubmit the project to the General Assembly after amendment, or remove this project.
The members of the General Assembly shall hold office for free. » Art. 6. article 4 of the Act is replaced by the following: «art.» 4 § 1. Subject to paragraph 2, the bureau is composed of twenty members having an equal voice, appointed by the King on the proposal of the General Assembly, in the following manner: 1 ° where there is less candidates than seats to be filled, only seats for which there are nominations are filled;
2 ° each group or non-cooperative affiliate Group has maximum a seat on the bureau;
3 ° five seats are allocated to the candidates representing the groups that represent the largest number of cooperative societies recognized;
4 ° five seats are allocated to candidates representing groups or cooperatives not affiliated with a group, with the largest number of shareholders as part of a registered cooperative society. When a cooperative firm has among his associates, a cooperative society not affiliated with a group, to some degree, the partners of this cooperative company not affiliated with a group are considered for the purposes of this article as being directly related to this cooperative company approved;
5 ° three seats are allocated to candidates representing cooperatives not affiliated with a group with more than 250,000 members;
6 ° seven seats are allocated to groups or cooperatives not affiliated with a group that do not fall within the categories set out in points 3 ° to 5 °.
§ 2. By way of derogation from paragraph 1, the King may increase the number of members of the bureau and decide terms of attributions of these additional seats to enable new areas of activities to be represented on the national Council for co-operation. » Art. 7. in the same Act, it is inserted an article 4/1 as follows: «art.» 4/1. Without prejudice to the provisions of article 3, the office is competent to accomplish all the missions that the Act entrusts to the national Council for co-operation.
It takes its decisions by a simple majority of votes, except in relation to matters relating to the legislation or regulations directly affecting to the existence, operation or the tasks of the national Council for co-operation, as well as the rules of procedure of the national Council for Cooperation, which must be decided by a majority of two-thirds of the votes.
The King determines the rules of operation of the office. It determines the remuneration of the president and the amount of the attendance fees of the members of the bureau, as well as the conditions for reimbursement of travel expenses.
» Art. 8. in the Act, it is inserted a section 4/2 as follows: «art.»
4/2. A maximum of three standing committees designed to prepare notices or to analyze specific issues may be established by the Assembly or the bureau.
Temporary commissions may also be established by the General Assembly or the office in order to respond to a request point in a particular sector.
The King determines the rules of operation of the permanent or temporary commissions. It determines the remuneration of the president and the amount of attendance of members of the permanent or temporary commissions, as well as the conditions for reimbursement of travel expenses. » Art. 9. article 5 of the Act is replaced by the following: «art.» 5. the statutes and operation of approved cooperatives affiliated or non-group conform to cooperative principles, that is, they include: a) membership voluntary and open;
(b) equality or limitation of the right to vote in the General Assembly;
(c) the designation by the General Assembly of the members of the Board of Directors and the Commissioner;
(d) a rate of interest, limited to the shares;
(e) the terms of the economic participation of the members).
King fixed the other conditions for approval and the procedure by which groups and cooperatives affiliated or non-group may be approved to nominate a representative to the General Assembly of the national Council of Cooperation in accordance with these principles.
Accreditation may be denied to a cooperative society where it has been established by a Belgian authority or a competent authority of the State where the company has its headquarters that the statutes or the functioning of cooperative society are not in accordance with the provisions of the Code of corporations or corporate law in the State where it has its headquarters. » Art. 10. article 5bis of the Act, inserted by the royal decree of 28 November 2006, is repealed.
S. 11. article 6 of the Act is replaced by the following: «art.» 6. among the members of the bureau, the King appoints, on the proposal of the bureau approved by the General Assembly, a Chairman and a Vice-Chairman. The president and the vice-president are a degree in French language for one Dutch and two for the other. The president chairs both the bureau and the Assembly. If the Chairperson is absent, the Vice-Chairman replaces it. » Art. 12. article 7 of the Act is replaced by the following: «art.»
7. the mandates of the members of the General Assembly, the bureau, the president and Vice President have a term of six years. They are renewable.
In the event of a mandate, the group or
cooperative society not affiliated with a group may designate another representative, who replaces his former representative and that terminates the current mandate.
However, if such vacancy is the president or the vice-president of the bureau, will be taken to a new appointment, in accordance with article 6. » Art. 13. article 8 of the Act is replaced by the following: «art.» 8. the terms of appointment and resignation of members of the General Assembly, the bureau and permanent or temporary commissions are determined by the King. » Art. 14. article 9 of the Act is replaced by the following: «art.» 9. the secretariat of the national Council for co-operation is provided by officials designated for this purpose by the Minister who has the economy in charge.
Expenditure for the functioning of the Council are in charge of the budget Service Public Federal economy, SMEs, Middle Classes and energy. "Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 12, 2013.
ALBERT by the King: the Minister of the economy, J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
-Bill, 53-2758 - No. 1. -Report, 53-2758 - No. 2. -Text corrected by the commission 53-2758 - No. 3. -Text adopted in plenary meeting and forwarded to the Senate, 53-2758 - No. 4.
Compte rendu intégral. -12 and 13 June 2013.
Documents. -Project not mentioned by the Senate, 5-2147 - No. 1.