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Chapter Law Content

Title: Cooperatives Act CH
Category: Ministry of the Interior(內政部)
Chapter 2 Establishment
Article 8
A cooperative may not be established without seven members or more.
Article 9
The founder of a cooperative shall summon an the inaugural meeting to work out the articles of association, elect directors and supervisors, and organize a cooperative affairs committee. The founder shall also submit the minutes of the inaugural meeting, the articles of association, and the roster of the members within one month to the local competent authority for establishment registration.
The following particulars shall be registered:
1. Name;
2. Scope of business;
3. Liability;
4. Address;
5. Name, sex, age, place of birth, position, and dwelling address of the directors and the supervisors;
6. Payment method of the share of cooperatives;
7. Share of cooperatives subscribed and the amount already paid by each member and associate member;
8. Regulations on the membership (as well as the associate membership) qualifications, their affiliation, disaffiliation, and dismissal;
9. Regulations on the operation of the cooperative affairs as well as staff appointment and removal;
10. Members of guaranteed liability cooperatives and their guarantee amounts;
11. Regulations on surplus allocation and deficit sharing;
12. Regulations on public accumulated funds and public interest reserve;
13. Causes for disincorporation (if prescribed)
In case of alteration of the particulars set forth in the preceding paragraph except for the age, place of birth, and position listed in subparagraph 5 and the particulars listed in subparagraph 7, registration of the alteration shall be completed within one month. Prior to such registration, the altered particulars must not be used to act against a bona fides third party.
The articles of association of a cooperative may be amended only with the resolution of the member’s congress, and written proceedings of the congress shall be submitted within one month of the resolution to the competent authority for registration of the amendment.
Article 9-1
The articles of association of a cooperative shall include the following contents:
1. Name;
2. Liability;
3. Address;
4. Organizational area;
5. Type of business operations;
6. The amount of capital stocks and regulations on the payment or refund thereof;
7. Guarantee amounts for members of guaranteed liability cooperatives;
8. Rights and obligations of its members and associate members;
9. Quota, authority, and tenure of the staff;
10. Starting and terminating date of a business year;
11. Regulations on surplus allocation and deficit sharing;
12. Regulations on the public accumulated funds and public interest reserve;
13. Regulations on the membership (as well as the associate membership) qualifications, their affiliation, disaffiliation, and dismissal;
14. Regulations on implementation of cooperatives affairs as well as appointment and removal of directors and supervisors;
15. The period of existence or causes of disincorporation (if prescribed);
16. Handling of other cooperative affairs.
Article 10
Upon receipt of an application submitted under Article 9, the regulating authority shall determine to approve or reject it within 15 days.
Article 10-1
After being established, a cooperative shall start its business within six months. However, in case of act of God or force majeure, application may be submitted to the regulating authority for postponement.
Article 10-2
A cooperative may establish branches where necessary, but shall, within one month after a branch is established, report to the regulating authority for future reference.