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Questions concerning cooperative law from public interactions

SK Santosh Kumar Public Seen by 1
SK

Santosh Kumar Fri 26 Feb 2021 12:13PM

AUDIENCE QUESTIONS 


THE IMPACT OF COOPERATIVE IDENTITY ON REGULATION




We received a number of questions before and during the cooperative conversation on the impact of cooperative identity on regulation. Below are the questions for your perusal. 


Kindly select the questions you wish to respond.

Fill in corresponding blank spaces below, with your answers.


 Kindly also place your name before entering the text i.e. [your name] [your response]


Question 1: What has been the contribution of the co-operative Identity in regulating co-operative law in co-cooperatively less developed countries where there are immensely informally operating cooperation societies and co-operatives?  


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Question 2. In the UK the multipurpose co-operative credit union largely doesn't exist; the legislators and regulators don't understand that a credit union is a hybrid social enterprise (with one form of legislation) and also a "firm" (with proportional legislation and regulation as an "authorised deposit taker"). This has led to the exclusion of credit unions from the business recovery legislation currently before Parliament to support ordinary mutuals, so how on earth does the Co-operative movement in the UK get these ignorant national leaders to understand this?


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Question 3: How do you assess the impact of Banking Regulation ( Amendment) Bill 2020 aimed to bring all cooperative Banks under the supervision of Reserve bank of India , on the Cooperative Identity ,in terms of definition,ethical values and democratic principles.? (This was passed in the Lower House (Lok Sabha) of Indian Parliament on 16 September 2020.)


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Question 4: How we should establish the Public- Private-Cooperative Partnership (PPCP Model) as a popular model of development, since here in Nepal I am advocating about establishing this model. Here is the high potentiality to establish and apply this model especially in rural development, agriculture, environment protection and  waste management , small scale industries and marketing and trading sector etc. So let me know, can we popularize this mode? How can we work in this field?


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Question 5: We need to preserve Cooperative Democracy Principle – One Member One Vote worldwide, from attacks like the existing in update Portuguese Law – since august 2015, where in same co-operative branches is considered to have investors members with more than one votes. This is in constitutional in Portugal but had been admitted by majority of deputies in the parliament in 2015 had approved this, with our resistance, and we need international support to replace the right Coop’s Principles in Portuguese Law in next debate in 2020 or 2021 to revise and return to the Cooperative Law approved unanimously in 1996.


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Question 6: What constitutes "state of the art" cooperative law anno 2020? When advocating nationally for a better legal framework, which features should we give highest priority?


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Question 7: After twenty five years of the adoption  of the Declaration on Cooperative Identity , can we say, in relation to the Fourth Cooperative Principle, that cooperatives today have more autonomy and independence, and that it has translated into more power for the cooperatives to control their growth without unnecessary government intervention? Are there any study or statistics to show the changes in this particular aspect ( the autonomy and independence of cooperatives)?

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Question 8: ¿Como aporto ACI. en la construcción de modelos de regulación , para que estos respondan a las características de las cooperativas?


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Question 9: COMO INSTAURAR UNA VERDADERA IDENTIDAD EN TODAS LAS ORGANIZACIONES DE ECONOMÍA SOCIAL 


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Question 10: ¿Mediante qué mecanismos podemos las Cooperativas de Ahorro y Crédito, hacer frente a una regulación impuesta a través de la Superintendencia de Banca y Seguros?


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Question 11: Porque todos dicen la cooperativa es de los socios, pero jamás ni un centavo reparten en dividendos o excedentes en parte proporcional a sus certificados. Y solo los directivos y gerente tienen mega sueldos. 



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Question 12:  Not sure if it relates exactly to the topic but one of the debates being held when creating cooperatives in our network is the posibility to raise investment. How can we generate a framework that allows investment from not worker investors so we can compete with other forms of companies being chosen by startup entrepreneurs? Are there hybrid models that allow it in a cooperative way?


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Question 13: Another huge question in legal terms is always international team members and branches. how can we generate international cooperatives, that are multilocated and make it easy to include multilocalized and multinational teams?


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Question 14: We are now also working on the frame of platform cooperatives, specially digital platforms. Do we expect to have a consistent legislation in this regard in a short term?


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Question 15:  The experiences of developed countries for the development of cooperatives are different from the nature of the law of developing countries. Please comment on this. (Anonymous)



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Question 16: How to preserve or  even develeop the competitiveness of (agricultural) co-ops againt IOF in a a very strange economic and social environment? Also, trust is a key factor for co-operation , how trust can be strengthen among members and also towards cop-ops in general?


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Question 17: How do you create a multi-national cooperative? Are there international laws for this?



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