►YOU MAY BE INTERESTED: Reciclarg, the Mendoza company that received almost 75,000 kilos of electronic waste in one year
andrea nallim alberto marengo cooperatives 1.jpg
The Undersecretary of Industry, Commerce and Logistics Alberto Marengo and the Director of Cooperatives Andrea Nallim at the Coop. Gral Alvear Winery.
Laws No. 5,316 of Mendoza and 20,337 of the Nation govern the operating conditions of cooperatives and the consequences that members must face in the event of non-compliance.
Irregularities and sanctions against cooperatives
10 cooperatives were canceled in the last 10 days alone May and there are already 32 accumulated throughout the year.
This final sanction is reached after a long process that begins with repeated infractions, continues with the summons to regularize compliance with the obligations and goes through the withdrawal of the authorization to operate until the cancellation resolution is finally issued.
Of course, the associates can also decide to dissolve and liquidate the entity, but the cases that were published since May 22 in the Official Gazette all had to do with sanctions.
“From the Directorate of Cooperatives we give a pre-cooperative course so that those who think about forming one know how to do it, what its creation entails, what are the requirements, the benefits and also the obligations and responsibilities they will have in the future,” says Nallim.
However, there are the few who in the long run comply with all of this.
“A cooperative is a company, and as such it must be managed in an orderly manner.. In that it is no different from any other type of organization or society,” he adds. But due to cost reduction, disorganization or ignorance, they fall into irregularity. “You have to hire an accountant”recommends so as not to end badly.
Cooperativism seeks to generate business. “They join together to improve their conditions, to find opportunities more easily; and it is possible. Many do really well but it all depends on the management that is done,” insists Nallim, with knowledge of the facts.
andrea nallim alberto marengo cooperatives 2.jpg
From the Directorate of Entrepreneurs and Cooperatives, which by law is in charge of the organization and control of the same, training in the subject begins in secondary school with the School Cooperatives program.
“The students of the last years simulate the assembly of a cooperative and carry out projects that range from selling candy to a photocopier.”
The intention is to introduce them to the world of work so that from a young age they have the tools to be able to undertake.
Adults can also ask questions and get advice. Most cooperatives are dedicated to the provision of services or production. The best known are agribusiness, housing and work companies such as security, cleaning or waste companies.
“We help them with the formal difficulties, with the business model, with the presentation of the balance sheets,” says Nallim, opening the doors of the Directorate and inviting those who already have their cooperative to be encouraged to consult, to say ‘I don’t know. do this’ and find a solution before committing violations.
The most common is the failure to present the annual balance sheet. By law, associates have the obligation to prepare an inventory, balance sheet and income statement. Once the exercise is completed, They have four months to call an assembly and approve it. But they don’t.
“We notify them again and again until their authorization to operate is withdrawn,” laments the official and insists with the simplest advice: “Hire an accountant.”
What are cooperatives and what are the key obligations
Cooperatives are entities founded on self-effort and mutual help to organize and provide services. And they have the following characteristics:
- They have variable capital and unlimited duration.
- There is no statutory limit on the number of associates or capital.
- They grant a single vote to each member, regardless of the number of their membership fees and do not grant any advantage or privilege to the initiators, founders and directors, nor preference to any part of the capital.
- They recognize an interest limited to social contributions, if the statute authorizes applying surpluses to any capital remuneration.
- They have a minimum number of ten members, with exceptions.
- They distribute surpluses in proportion to the use of social services.
- They limit the liability of the members to the amount of the social contributions subscribed.
Cooperatives, like any other well-established company, must keep their accounting and member registration books; minutes of meetings; minutes of board of directors meetings; audit reports.
They must annually prepare an inventory, balance sheet, income statement and the annual report of the board of directors.
The ordinary meeting must be held within four months following the closing date of the financial year.
Sanctions for non-compliance with the rules can range from a warning, until the withdrawal of the authorization to operate, including fines which are established according to the severity of the case and the background.
For advice, the Ministry of Production recommends contacting through social networks such as @mendozaemprende or @directioncooperativas.mendoza on Instagram.
