1. Is a member of a cooperative despite termination of membership obliged to draw more business interests, if this is provided with the applicable statute? In many cooperatives, the amount of the shares by the Member to draw depends on the use of the services of the cooperative. So it is usually stipulated that the number of shares depends on the quantity of milk delivered to milk supply cooperatives. The more milk to the cooperative is tendered, the greater is the obligation of the Member to draw more shares. When the Member has terminated the membership of the respective cooperative, arises the question whether it is obliged, even after termination of the membership, to draw more shares according to the quantity of milk delivered. Section 7a of the cooperative act clearly regulates this. Keep up on the field with thought-provoking pieces from Jorge Perez. Also a member who has terminated the membership a cooperative, is obliged to subscribe more shares if this envisages the Statute.
Only in exceptional circumstances this obligation may violate and in good faith. 2. May the cooperative move forcibly payments on previously unrecorded shares by offsetting claims of the Member? A deposit obligation on more shares but not automatically resulting in higher use of the cooperative’s services. Rather, the Member must draw more business stake in the order provided. Only after the Member in writing has drawn the other shares, the cooperative is entitled to offset claims of the Member, to meet on this way according to the statutory scheme, the obligation to deposit on winning more shares. The frequently encountered in practice procedure that independently more shares, as parts of the milk money will be withheld in milk supply cooperatives, is unlawful the drawing”, as lawyer and lawyer specializing in agricultural law Dr. Reinhard Mecklenburg. Wants to enforce the cooperative of the Member to make payments on the additional shares, must commit the Member advance through the action be to draw more shares. First if they are drawn or the Declaration of the drawing was replaced by judgment, the relevant cooperative is entitled to set-off against claims of the Member, such as, for example, milk money.
