Co-operatives are people centred organisations that are owned, controlled and used by their members. A co-operative’s main purpose is to benefit its members.
The International Co-operative Alliance (ICA), an independent, non-government association that unites and represents co-operatives worldwide defines a co- operative as:
“…an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly-owned and democratically-controlled enterprise”.
Co-operatives are based on the values of self-help, self-responsibility, democracy, equality, equity and solidarity. Their members believe in the ethical values of honesty, openness, social responsibility and caring for others.
Co-operatives are different from other forms of incorporation because of their member ownership, democratic structure and the use of funds for mutual, rather than individual, benefit.
When a co-operative is formed it has its own legal identity separate from its members.
A co-operative can:
Although there are benefits to be gained from incorporating as a co-operative, there are also obligations.
For example, directors have similar responsibilities to those of company directors, the co-operative must maintain proper financial and membership records and registers, and decisions which have a significant impact on the co-operative must be approved by the members.
As a legal entity in its own right, a co-operative bears liability for its acts. This means that legal claims made against a co-operative are the responsibility of the co-operative.
Members are liable for the amounts each member owes the co-operative in respect of their membership. For most this means the fees or subscriptions due to the co-operative.
Co-operatives can be established as either a ‘trading’ or a ‘non-trading’ organisation.
A trading co-operative may distribute any surplus funds to its members.
A non-trading co-operative will use surplus funds to support its activities. Funds are not distributed to members.
A non-trading co-operative is also likely to be more appropriate for a community organisation.
When forming a co-operative, Registry Services will ask you to specify the type of co-operative you wish to establish.
Co-operatives can be involved in a variety of social and commercial activities. A co-operative may carry out any activity defined within its rules.
Co-operatives generally fall into four categories, including:
Co-operatives registered under the Co-operatives Act 1992 subscribe to the international principles of co-operation. The principles act as guidelines ensuring the organisation remains in the control of members and operates for their benefit. The principles are:
Co-operatives are voluntary organisations, open to all who are able to use their services and willing to accept the responsibilities of membership, without discrimination.
Co-operatives are democratic organisations controlled by their members, who actively participate in the setting of policies and decision-making. Members have equal voting rights (one member, one vote).
Members contribute equally to the funds of the co-operative and control the allocation of surplus funds.
Co-operatives are independent organisations controlled by their members. Any agreements entered into with other organisations must ensure democratic control by members and the co-operatives independence.
Co-operatives provide education and training for their members, elected representatives, managers, and employees so they can contribute effectively to the development of their co-operative. They inform the general public about the nature and benefits of co-operation.
Co-operatives serve their members most effectively and strengthen the co-operative movement by working together.
Co-operatives work for the sustainable development of their communities through policies approved by their members.
Co-operatives are regulated and supervised by NSW Fair Trading’s Registry Services under the Co-operatives Act 1992.
NSW Fair Trading, through Registry Services, is committed to the development and growth of co-operatives in New South Wales.
PO BOX 22
154 Russell Street
Bathurst NSW 2795
Tel: 6333 1400
Freecall: 1800 502 042 (outside Bathurst)
Fax: 6333 1444