How to register a professional cooperative?
Registration according to law is an important basis for farmers' professional cooperatives to carry out production and business activities and obtain legal protection. According to Article 13 of the Law on Farmers' Specialized Cooperatives, the establishment of farmers' specialized cooperatives shall submit relevant documents to the administrative department for industry and commerce and apply for registration of establishment.
According to Article 13 of the Law on Farmers' Specialized Cooperatives, the promoters of farmers' specialized cooperatives shall submit the following documents to the registration authority when applying for establishment registration: (1) an application for registration; (2) Minutes of the founding meeting signed and sealed by all promoters; (3) Articles of Association signed and sealed by all promoters; (four) the legal representative, director of the office certificate and identity certificate; (5) List of capital contributions signed and sealed by the investors; (six) the certificate of residence use; (seven) other documents as prescribed by laws and administrative regulations. What needs special attention is that the list of capital contributions submitted by farmers' professional cooperatives to the registration authority only needs the signature and seal of the contributing members, and no capital verification certificate from other institutions is required.
The documents applied for registration are the proof of the legal existence of farmers' professional cooperatives, as well as the important proof of the effective existence of membership and rights, and their authenticity is an inevitable requirement to ensure the safety of social transactions. Article 55 of the Farmers' Professional Cooperatives Law stipulates that if a farmers' professional cooperative provides false registration materials to the registration authority or obtains registration by other deceptive means, the registration authority shall order it to make corrections; If the circumstances are serious, the registration will be cancelled.
The registration procedure includes several stages, such as application, examination, approval and release, and announcement. Article 13 of the Law on Farmers' Specialized Cooperatives stipulates that the registration method of farmers' specialized cooperatives shall be stipulated by the State Council, and it is clear that no fees shall be charged for registration. According to the requirement of synchronous enforcement, the registration method of farmers' professional cooperatives will also be implemented simultaneously with the farmers' professional cooperatives law on July 1 2007.
In order to ensure the timely and effective registration items, safeguard the legitimate rights and interests of farmers' professional cooperatives and their counterparties, and stabilize the social trading environment, the Law on Farmers' Professional Cooperatives clearly stipulates that if the statutory registration items of farmers' professional cooperatives change, they should apply for change of registration. The change of legal registered items mainly refers to: the amendment of the articles of association by the quorum vote of the general meeting of members; Changes in members and their contributions; The legal representative and directors have changed; The domicile of the farmers' professional cooperative has changed; And other circumstances stipulated by laws and regulations have changed. These registered items have a great influence on the existence and operation of farmers' professional cooperatives, and directly affect the normal development of trading activities and the legitimate rights and interests of the counterparty. Farmers' professional cooperatives that fail to register for change in accordance with the relevant registration methods and regulations must bear the legal consequences arising therefrom. In addition to statutory changes, cooperatives can change relevant registered items according to their own development needs and conditions to ensure their normal development and safeguard the counterparty's right to know.
The Law on Farmers' Specialized Cooperatives clearly defines the time after the registration authority accepts the registration, that is, the registration authority shall complete the registration within 20 days from the date of accepting the registration application. The registration application here includes establishment registration, change registration and cancellation registration, that is, all registration work should be completed within 20 working days from the date when the registration authority accepts the registration application.