STATUTE OF SOCIAL COOPERATIVE ENTERPRISE

OF COLLECTIVE AND SOCIAL INTEREST

- TECHNE SCE -

CHAPTER A

ESTABLISHMENT-NAME-SEAT-PURPOSE-DURATION

 

ARTICLE 1

ESTABLISHMENT - NAME

1. A Civil Cooperative of Social Purpose with limited liability, is established under the name "SOC.C.EN. of Collective and Social Interest TECHNE” and the distinctive title “TECHNE SCE” in accordance with the provisions of Law 4430/2016 "Social and Based on Solidarity Economy and Development of bodies and other provisions", as in force today.

2. The established hereby Soc.C.En. is a legal person governed by private law with limited liability of its members, commercial capacity and profit-making nature.

 

ARTICLE 2

LOCATION - HEADQUARTERS

1. The Municipality of Corinth of the Regional Unit of Corinthia is set out as the seat of the cooperative.

2. By decision of its Management Committee, the cooperative may, for the development, evolution and promotion of its activities, establish and maintain - in the short or long term - branches, offices and other premises anywhere in Greece or abroad.

 

ARTICLE 3

PURPOSE

1. The purpose of the cooperative is the collective and social benefit as defined in par. 2 and 3 of article 2 of Law 4430/2016 (GG 205/A/31.10.2015).

2. More specifically, the purpose of the cooperative is:

Sustainable development - In particular, in the context of promoting sustainable development, the Cooperative will carry out activities that:

(a) promote environmental sustainability,

(b) contribute to social and economic equality,

(c) promote gender equality,

(d) protect and develop common goods

(e) promote inter-generational and multicultural reconciliation, focusing on the peculiarities of local communities.

 

Specifically, the objectives of the Cooperative in terms of sustainable development are specified in the following activities:

A. Fair and based on solidarity trade. Fair and based on solidarity trade is defined as the trading partnership based on dialogue, transparency and mutual respect that seeks a greater equity in international and domestic trade. It contributes to sustainable development, offering better conditions of product marketing and safeguarding the rights of marginalized producers and workers.

B. Alternative, thematic and mild tourism.

C. Design and disposal of innovative and free digital products and services or any form of technology that promotes peer and based to common goods production.

D. Production, processing, promotion or preservation of the productive or cultural heritage of each place.

E. Production and promotion of independent cultural creation.

The provision of these services should not replace the general obligations of the State in the pursuit of social policy.

 

The Cooperative was established with the main purpose of supporting and highlighting modern, independent and innovative artistic projects at a Domestic and European level. Focused on music, visual and applied arts, the TECHNE Social Cooperative operates as a networking and collaboration bridge between young artists where tools such as the exchange of know-how and services help in the mutual development and also the recognition from the general public. Through the modern and creative activities of the Cooperative and according to European standards, the information, raising awareness and motivating young people to work professionally with various forms of Contemporary Art is set out as an additional purpose. It acts, that is, as an Advisory Center (with European specifications) of Networking and support of new independent artistic schemes. More specifically, the purpose of the Cooperative is:

a. the provision of services, the production and disposal of products to meet the needs of community (culture, education, exchange of know-how, utilities, exploitation and promotion of local products, controlled modernization of traditional activities and professions, alternative training tourism, etc.) which promote local and collective interest, promote employment, strengthen social cohesion and strengthen and promote local or regional development. For the fulfillment of its objectives, the Cooperative can exercise any form of economic activity of productive, consumer, commercial, transport, touristic, building, development, social, educational or cultural character.

b. Create a human network, as horizontal as possible, to highlight human artistic work through collegiality and parity, free from all kinds of exploitation. In order to fulfill and serve these principles and purposes, the Cooperative Social Enterprise can develop all kinds of mediation activities in this relationship of the employee with the user/consumer. In any case, it does not seek to obtain a commercial profit for its members. Each economic activity will tend to fulfill and serve its above-mentioned non-profit physiognomic characteristics and aspirations.

 

The purposes and operation of the Cooperative are governed by the following principles:

(a) The promotion of social interest through the production of goods or the provision of services of equitable collective, social and cultural nature,

(b) The protection of the individual and labor against capital and unfair competition

(c) The strengthening of social structures and social productive networks by promoting competitive tools and healthy competition, through the exchange of know-how and services

(d) The use of its profits to develop know-how, innovation and expand extroversion

(e) The protection, production and promotion of independent cultural creation

 

On the basis of the specific principles for achieving the objectives, the Cooperative can carry out the following activities:

a. Organize educational and cultural events

b. Create and organize gathering, eating and entertaining areas for members, also for a wider commercial exploitation of them.

c.  Produce, standardize, process all kinds of products and goods.

d. Promote and market all kinds of products and goods through wholesale and retail trade as well as publish and commercialize artistic content works and also in general any activities decided by the General Meeting

e. Import and export goods and products

f.  Support voluntary labor supply and the transfer of know-how

g. Provide services to its members and third parties.

h. Cooperate with other Social Cooperative Enterprises on the subject of, inter alia, exchange of services or implementation of programs funded by national, European or international organizations by concluding the relevant cooperation agreements and provided that such cooperation is permitted by the specific case-by-case provisions, such as, indicatively: National and European Organizations of the same Objective, Joint Ventures, Limited Liability Companies, Societes Anonymes, etc.

i. Participate in development programs, in subsidized programs that have as object the development of activities related to those of this cooperative. Also integrate in programs to support outward-looking entrepreneurship and programs of the national employment agencies to support work

j. Develop within the framework of the legislation in force any activity to the demands of which it can respond and contribute to the benefit of its members by the collective supply of consumer goods, especially from local and domestic production, as well as services provided in particular by cooperative forms of social and based on solidarity economy.

k. By decision of the Management Committee, approved by the General Meeting, the Cooperative may, for its healthy development, set up and maintain branches or sales outlets anywhere.

l. Train, educate and inform about cooperative cultural education through training and implementation of relevant programs at a domestic and European level.

m. Organize meetings, seminars, public debates, exhibitions and public activities and events in general to disseminate and promote its purposes as well as information or educational activities to disseminate culture

n. Operate lessons or workshops venues, exhibition and music venues, and in general venues of technological, educational and collective cultural operations.

o. Publish documents, books, magazines, recorded records and other means of reproduction as well as promote its purposes via electronic media, platforms, e-shops and in general the Internet.

p. Be staffed with the appropriate scientific personnel and equip itself with the necessary technical means for its operation.

q. Create and develop digital and web applications and platforms to exhibit, promote, inform on the Cooperative's activities

r. Organize and promote various forms of alternative tourism such as summer intensive courses, therapeutic tourism (thermalism, short term retreat, agritourism)

s. Plan, implement and manage project - study programs within the framework of the European Communities' initiatives and programs, concluding - where appropriate - the relevant agreements.

 

ARTICLE 4

DURATION

The duration of the Cooperative is 30 years.

 

 

CHAPTER B

MEMBERS - REGISTRATION - WITHDRAWAL - DELETION - OBLIGATIONS - RIGHTS

 

 

ARTICLE 5

MEMBERS

 

1. The following can be members of the Cooperative:

a) Any natural person inspired and sensitized by the principles and aspirations of the Cooperative.

b) Any Legal person who is inspired by the same principles and wishes to combine its social action with the objectives of the Cooperative, subject to the limitations imposed by the provisions of Article 14 of Law 4430/2016 as currently in force.

2. Local Authorities, Legal Persons governed by Public Law and Legal Persons governed by Private Law that belong to the General Government or belong to a General Government Body cannot become members of the Cooperative.

3. Legal or natural persons who participate in another Social Cooperative Enterprise with the same activity cannot become members of the Cooperative.

 

ARTICLE 6

REGISTRATION OF MEMBERS

 

1. The registration of a member in the Cooperative upon its establishment requires the submission of a written application by the interested party to the Management Committee, which decides on its acceptance in the first meeting, after the submission of the application.

2. The registration of new members is approved by the first General Meeting that takes place after the application of the interested party. The membership in the Cooperative is obtained from the time of the decision of the Management Committee to accept the application.

3. The participation of the new members in the decision-making procedures and their election at the bodies can only take place after the approval of the registration is accepted by the General Meeting. The same General Meeting decides also on the acceptance or not of the applications for registration of new members that have not been accepted by the Management Committee.

 

ARTICLE 7

WITHDRAWAL AND DELETION OF A MEMBER

1. The members of the Cooperative have the right to withdraw provided that they submit a written statement to the Management Committee.

2. A member of the Cooperative is deleted following a decision of the General Meeting, which is taken by a majority of 3/5 of the total number of members of the Soc.C.En., in the event of a serious violation of the obligations arising from Law 4430/2016, as in force, and the statute and his/her conduct prejudices the interests of the Cooperative. The deletion, if the member is absent from the proceedings of the General Meeting, is notified by a notification to him/her of an extract of the decision of the General Meeting which compulsorily contains the reasons for the deletion. Within one (1) year from the date of notification of the relevant decision, the member who has been deleted may appeal the decision before the competent local Court of First Instance. The loss of membership shall take effect from the date of publication of the final decision rejecting the appeal or from the expiry of the time limit for appeal.

3. The members who withdraw or are deleted, according to the above, are refunded the cooperative share, which they contributed, not later than three (3) months from the approval of the financial statements of the financial year, in which the withdrawal or deletion took place, while by the refund the relationship of the Cooperative with the member is cleared without the member having claims on the property that has been formed.

 

ARTICLE 8

OBLIGATIONS OF MEMBERS

1. The members of the Cooperative have the following obligations:

a) To participate in the activities and cooperate in the operation of the Cooperative and refrain from actions that harm its interests.

b) To observe the provisions of the Statute of the Cooperative, to follow the decisions of the General Meeting and the Management Committee and to protect its interests.

2. Exclusively liable for the corporate responsibilities is the Soc.C.En. with its property. Specifically, for the obligations to the State, the administrator or the chairman of its management committee is jointly and severally liable with the Soc.C.En. for its debts to the State, in accordance with article 31 of Law no. 4321/2015 (A 32), article 115 of Law no. 2238/1994 (A 51) and Article 4 of Law no. 2556/1997 (Α 270) and reserves the right of recourse against the other members of the Soc.C.En.. For the debts to the State, it reserves the right of recourse against the other members of the Soc.C.En., who are liable, for the debts of the preceding paragraph, towards it without limitations and severally.

3. Each new member is obliged to pay, in addition to the amount of his/her share, a contribution proportional to the net assets of the cooperative, as it results from the balance sheet of the last financial year. This contribution is placed in a special reserve.

4. The members of the Cooperative, after a relevant decision of the General Meeting, are obliged to pay their proportion to the amount of money that is required to cover the losses of the Cooperative.

ARTICLE 9

RIGHTS OF MEMBERS

1. The members of the Cooperative are entitled to participate in the General Meetings with the right to one (1) vote, irrespective of the number of cooperative shares they hold, as well as the right to vote and to be elected under the terms of this Statute and the Law.

2. Each member has the right to request information on the course of affairs of the Cooperative and to receive copies of the minutes of the General Meeting and the meetings of the Management Committee and also of the Financial Statements of the Cooperative.

3. The members of the Cooperative may be employees with a dependent employment relationship, may be remunerated for the work provided and have the rights and obligations arising from labor law. Soc.C.En. is liable to pay social security contributions to social insurance agencies.

4. The members of the Cooperative who are employees of the Cooperative are entitled to the net profits of each financial year, taking into account the limitations of paragraph 2 of article 21 of the Law 4430/2016 on the distribution of profits.

5. The provision of services to serve the purposes of the Soc.C.En. by its members who do not have an employment relationship with it, is considered to be an agency agreement without remuneration pursuant to Articles 713 et seq. of the Civil Code. The agency agreement concluded between the members and the Soc.C.En. must be in writing, must clearly describe the service provided and in no case may it exceed 16 hours a week.

 

ARTICLE 10

RELATIONS OF SOC.C.EN. WITH NON-MEMBERS

1. The number of employees non-members may not exceed 40% of the total number of employees of the Soc.C.En. This percentage may be increased up to 50% of the total percentage of employees of the Soc.C.En. following a reasoned decision of the Registry Department on a request by the Soc.C.En. in order exceptional seasonal needs to be met for a period not exceeding six (6) months per calendar year.

2. The Soc.C.En does not have insurance obligations towards the non-members who operate as volunteers, provided that the following conditions are met cumulatively: a. Voluntary action does not generate direct revenue for the Cooperative. b. The action has been decided in advance by the Management Committee of the Cooperative. The decision, the invitation and the program of the action to be taken by volunteers are recorded in minutes, which are published in advance on the Cooperative's website or on a website provided for this purpose by the Ministry of Labor, Social Security and Social Solidarity. c. The volunteers have been recorded in the Volunteer's Register of par. 3 of Article 3 of Law 4430/2016.

3. The Soc.C.En. is responsible for any damages caused to the volunteer when providing his/her voluntary service to the Agency. In the event that "the volunteer is employed abroad, the Soc.C.En. shall fully reimburse travel, maintenance, accommodation, repatriation and medical care expenses, as well as any other expense incurred during the stay of the volunteer abroad.

 

CHAPTER C

RESOURCES - COOPERATIVE SHARE

 

 

ARTICLE 11

RESOURCES

The resources of the Cooperative consist of:

1. The founding capital and the capital resulting from the disposal of new cooperative shares.

2. Income from the exercise of its activities and the exploitation of its assets.

3. Grants from the Public Investment Program, the European Union, international or national organizations, or second-level Local Authorities and revenues from other programs.

4. Funds from bequests, third-party donations, and concessions on the use of assets.

 

ARTICLE 12

COOPERATIVE SHARE

1. Each member is registered with at least one mandatory cooperative share, the amount of which is hereby set at one hundred euros (100 €).

2. The founding members and those who will register in the future are obliged to contribute, by cash payment, to the amount corresponding to their compulsory cooperative share within one (1) month from the statutory registration of the cooperative or their registration respectively.

3. The cooperative share is indivisible and equal for all members of the cooperative.

4. In addition to the mandatory cooperative share of par. 1 of this article, each member is allowed to acquire up to five (5) optional cooperative shares, which are not entitled to vote. The value of each optional share is equal to the value of the obligatory share (i.e. 100 EUR) and the equivalent amount is paid by the members within one (1) month from the day they will report in writing to the Management Committee that they wish to obtain optional shares.

5. The transfer of the obligatory cooperative share is made only to a new member and approved by the Management Committee. All transfers of cooperative shares are registered in the General Register of Bodies of Social and Based on Solidarity Economy.

6. Where a natural person dies, the value of the cooperative share of that member shall automatically be obtained by his or her special or full successor. In the event that a member legal person is placed under liquidation due to its dissolution or bankruptcy, the value of the cooperative share is paid to it.

7. The cooperative share and the products produced by the members are not subject to seizure for debts of the members to third parties, from their delivery to the Cooperative for sale, disposal, processing and preparation. Also, the seizure of money received by credit institutions as a loan on behalf of its member and claims for benefits in kind of the Cooperative to its members against the Cooperative as a third party, is not allowed.

 

CHAPTER D

GENERAL MEETING

 

 

ARTICLE 13

COMPETENCE OF THE GENERAL MEETING

1. The General Meeting of the members is the supreme body of the Cooperative, it has the right to decide on any case concerning the Cooperative and has the supervision and control of the management body.

Its lawful decisions are binding on members who are absent or disagree.

2. The exclusive competence of the General Meeting includes:

a) The amendment of the Statute.

b) The merger, extension of the duration, dissolution and revival of the Cooperative.

c) Approval or amendment of the Rules of Procedure.

d) The general terms of the Cooperative's activity.

e) Approval of the Balance Sheet and the Profit and Loss Account.

f) The election and discharge of any responsibility of the Management Committee and the representatives in Associations, as well as any termination of the members of the Management Committee.

g) The imposition of a contribution on members for the purpose of dealing with extraordinary damages or other exceptional situations.

h) The approval of participation of the Cooperative in Joint Ventures, or Associations of Cooperatives, and its withdrawal from them.

3. The General Meeting of the Cooperative consists of all its members, who meet at an ordinary or extraordinary meeting. Members participate and vote at the General Meeting in person. All members participate in the meetings and vote with one (1) vote each, regardless of the number of cooperative shares they have.

 

ARTICLE 14

CONVOCATION OF GENERAL MEETING

1. The ordinary General Meeting must be convened at least once (1) per year and in any case before the submission of the annual tax return, by decision of the Management Committee or the administrator addressed to the members, at least three (3) days before the meeting.

2. The General Meeting of the members is convened extra-ordinarily by invitation addressed to the members at least two (2) days before the meeting, either by decision of the Management Committee or on the initiative of the administrator, or upon submission of a specific request to the Management Committee by the 1/3 of the members of the General Meeting. If the Management Committee refuses to convene such a meeting, these members are entitled to convene it on their own initiative.

3. If the Management Committee refuses to convene the General Meeting, despite the request of one third (1/3) of the members, these members have the right to convene a General Meeting.

4. The invitation of the Management Committee shall indicate the place, the day, the time of the Meeting and the items on the agenda. The invitation shall be notified to the members at least seven (7) days before the date of the General Meeting, by personal letters and by any other appropriate means decided by the Management Committee.

 

ARTICLE 15

QUORUM

The General Assembly is in quorum when 1/2 of its members are present. On non-quorum, a new General Meeting is convened within two (2) to seven (7) days, during which the same quorum as above is required. Its decisions shall be taken by an absolute majority of its members present. For the rest, paragraphs 1, 3, 4, 5, 6 and 7 of Article 5 and Article 6 of Law 1667/1986 shall be applied.

 

ARTICLE 16

APPEAL OF GENERAL MEETINGS DECISIONS

1. The decisions of the General Meeting which are contrary to laws 4430/2016 and 1667/1986, as in force or to the Statute of the Cooperative are void and, from the outset, do not produce legal effects.

2. The decisions of the General Meeting are appealed by the 2/5 of the members of the Soc.C.En. within thirty (30) days from their registration in the Register, before the Court of First Instance of the region of the seat of the Soc.C.En., according to the ordinary proceedings.

 

CHAPTER E

MANAGEMENT COMMITTEE

 

ARTICLE 17

COMPOSITION AND TERM OF OFFICE OF THE MANAGEMENT COMMITTEE

1. The management of the Cooperative is exercised by the Management Committee, which consists of five (5) members elected by the General Meeting.

2. The term of office of the Management Committee is five years and may be extended for a maximum period of three (3) months from its expiry, within which the General Meeting of the members must meet in order to elect the new Management Committee.

3. After its election, the Management Committee meets upon the invitation of its member with the majority vote and elects by secret ballot the Chairman, the Treasurer and the Secretary2.

4. The Management Committee within a (1) month must declare its election for registration in the General Register of Social Economy.

 

ARTICLE 18

ELECTION OF MEMBERS OF THE MANAGEMENT COMMITTEE

1. The Management Committee of the Cooperative is elected by secret ballot by the Ordinary General Meeting, which meets in the 6th (sixth) year after the election of the previous one.

2. The elections are conducted by a three-member electoral commission elected by the Meeting. 3. The members of the Management Committee, members of the Cooperative, are always re-elected and freely revocable

 

ARTICLE 19

REPLACEMENT OF MEMBERS OF THE MANAGEMENT COMMITTEE

1. The Management Committee may elect its members to replace members who have resigned, died or lost their capacity in any other way. This election is possible provided that the replacement of the above members is not possible by alternate members, who have been elected by the General Meeting. The above election by the Management Committee is made by decision of the remaining members, if they are at least three (3), and is valid for the remainder of the term of office of the member being replaced. The decision of the election shall be submitted within one (1) month for registration in the General Register of Social Economy and shall be announced by the Management Committee at the next General Meeting, which may replace the elected, even if no relevant subject has been indicated on the agenda .

2. In the event of resignation, death or loss in any other way of the capacity of member or members of the Management Committee, the remaining members may continue to manage and represent the Cooperative without replacing the missing members, in accordance with the preceding paragraph, subject to the condition that the number of such members exceeds half of the members, as they were before the above events occurred. In any case these members may not be "less than three (3). 3. In any event, the remaining members of the Management Committee, regardless of their number, may convene a General Meeting for the sole purpose of electing a new Management Committee.

 

ARTICLE 20

COMPETENCE OF THE MANAGEMENT COMMITTEE

1. The Management Committee manages and represents the Cooperative in accordance with the provisions of the statute and the law and decides on all issues related to its administration and management, except those that fall under the exclusive competence of the General Meeting.

2. The members of the Management Committee are required to pay the same diligence in the management of the affairs of the Cooperative as they pay in their own affairs and bear all responsibility for the observance of the limitations of the right to be represented set out by the statute or the decisions of the General Meeting.

3. The Management Committee may delegate its responsibilities to one or more of its members or to employees of the Cooperative.

4. The office of a member of the Management Committee is honorary and unpaid.

 

ARTICLE 21

CONVOCATION OF THE MANAGEMENT COMMITTEE

1. The Management Committee meets regularly at least once (1) every three (3) months or more frequently at the request of 1/3 of its members but not less than two (2) persons. Its convocation is done by its Chairman with a written invitation on a specific day and specific subjects on the agenda. The subjects on the agenda may also be proposed by the members of the Management Committee.

2. The Management Committee may meet extraordinarily when convened by its Chairman or whenever deemed necessary and requested by 1/3 of its members.

3. In the event that the Chairman lapses to convene the meeting, despite the necessity, the convocation is carried out by any member of the Management Committee.

 

ARTICLE 22

QUORUM - DECISION TAKING BY THE MANAGEMENT COMMITTEE

1. The Management Committee is in quorum when 1/2 of its members attend and its decisions are always taken by an absolute majority of the attending members of the Management Committee. In the event of tied votes of the present members, the vote of the Chairman shall prevail.

The representation of the members is not allowed. The decisions are recorded by the Secretary in the Minutes book of the Management Committee.

2. A member of the Management Committee shall not attend meetings nor have the right to vote regarding matters directly related to him/her, his/her spouse or a relative of the first degree.

3. The decisions of the Management Committee are appealed by the 2/5 of the members of the Soc.C.En. within thirty (30) days from their registration in the Register, before the Court of First Instance of the region of the seat of the Soc.C.En., according to the ordinary proceedings.

4. For the rest, Article 7 of Law 1667/1986 applies proportionally.

 

CHAPTER F

FINANCIAL YEAR - ANNUAL FINANCIAL STATEMENTS - DISTRIBUTION OF PROFITS – BOOKS

 

ARTICLE 23

FINANCIAL YEAR

The Financial Year is of twelve months duration, starting on January 1st and ending on December 31st of each year. The first Financial Year starts from the legal establishment of the Cooperative and expires on December 31st of the same year.

 

ARTICLE 24

FINANCIAL STATEMENTS

1. At the end of the financial year, the Management Committee prepares the Financial Statements provided for by the applicable tax legislation and the Management Report and submits them to the Ordinary General Meeting for approval.

2. The financial statements and the Management Report of the Management Committee must be at the disposal of the members of the Cooperative at least fifteen (15) days before the date of the Ordinary General Meeting.

3. The Management Committee is obliged to send the Financial Statements within a time limit of thirty (30) days from the date of their approval by the General Meeting to the General Register of Bodies of Social and Based on Solidarity Economy.

 

ARTICLE 25

PROFIT DISTRIBUTION

1. The profits of the Cooperative are not distributed to its members unless the members are also employees.

2. The profits are distributed annually as follows:

a. by 5% for the formation of the statutory reserve.

b. by 35% are distributed to the employees of the undertaking, unless 2/3 of the members of the General Meeting of the Agency reasonably decide to allocate part or all of that percentage to the activities referred to in point (c),

c. the rest is disposed to creating new jobs and broadening its productive activity.

3. If, at the end of a financial year, a loss occurs that is not covered by the Soc.C.En. reserve, the partners are obliged to pay a certain amount of money to cover the losses of the cooperative, following a decision of the General Meeting.

 

ARTICLE 26

BOOKS OF THE COOPERATIVE

1. The Cooperative keeps the books provided for by tax legislation and additionally keeps:

a) The Register of Members of the Cooperative, in which the date of registration, the full name, the father's name, the residence address, the number of shares and their value, as well as the date of deletion of the members, are registered in chronological order.

b) The Minutes book of the General Meeting.

c) The Minutes book of the meetings of the Management Committee.

 

CHAPTER G

DISSOLUTION – LIQUIDATION

 

ARTICLE 27

DISSOLUTION OF THE COOPERATIVE

1. The Cooperative is dissolved:

a) If it is deleted from the Register of Social Economy following a decision of the competent Administrative Authority, subject to paragraph 9 of Article 11 of Law 4430/2016.

b) If its members fall below five

c) following a final court judgment, as provided for in paragraph 4 of Article 15 of Law 4430/2016

d) in accordance with Articles 10 and 11 of Law no. 1667/1986,

e) If its duration expires, as defined in this statute, unless the extension of its duration is decided by the General Meeting.

f) By decision of the General Meeting taken with the qualified majority of article 15 hereof.

g) If it is declared bankrupt.

2. The dissolution of the Cooperative is registered in the General Register of Bodies of Social and Based on Solidarity Economy.

 

ARTICLE 28

LIQUIDATION OF THE COOPERATIVE

1. The dissolution of the Soc.C.En.in any way is followed by its entry into liquidation, data which are registered in the Register.

2. The Soc.C.En.is considered as continuing to exist after its dissolution for as long as the liquidation lasts. The members of the Soc.C.En. become co-liquidators following the placement of the Soc.C.En. under liquidation, unless the statute provides for otherwise. The General Meeting may appoint another or a third natural person or persons as liquidators. Liquidators are not remunerated for liquidation services. Upon liquidation, pending cases are settled, and in particular receivables are collected, assets are liquidated and debts are repaid. If only liabilities remain, the liquidators shall complete the liquidation. If assets remain, the members receive the nominal value of their cooperative shares, in whole or in proportion if the remaining amount is insufficient. If there are uncommitted assets,they are transferred to the Social Economy Fund.

3. If the liquidators are more than one, their decisions are taken by absolute majority.

4. The decisions of the liquidators are appealed by any person having legitimate interest within thirty (30) days from their registration in the Register, before the Court of First Instance of the region of the seat of the Soc.C.En., according to the ordinary proceedings.

5. The completion of the liquidation is registered in the Register

6. If the Soc.C.En. is declared bankrupt, the bankruptcy procedure is followed.

7. If the Soc.C.En. was dissolved due to the expiry of its duration or its bankruptcy, which was revoked or terminated by a settlement, its revival is possible by a decision of the general meeting, under the conditions hereof, which is registered in the Register. In case of revival, it is considered that the Soc.C.En. was never dissolved.

8. If the Soc.C.En. was dissolved because its members have fallen below the minimum threshold, its revival is possible if within three (3) months the required minimum number of members is reached after the approval of entry of new members by the general meeting.

9. The revival decision is taken by 3/5 of the total members of the Soc.C.En. and registered in the Register.

10. Revival is not possible after the commencement of distribution of residual assets to members.

 

CHAPTER H

GENERAL PROVISIONS

ARTICLE 29

This Statute regulates the issues that are required by Law 4430/2016, as in force. For the rest of the issues the provisions of Law 1667/1986, as in force, apply

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