A. WHEN A COOPERATIVE IS Closes ?
Based on the provisions in chapter X of Law No.25/1992, the dissolution of the cooperative will be done because of the following reasons:
1. Meeting of cooperative members really want cooperative dissolved
Dissolution of the cooperative members will have to be done through a meeting of members. In the meeting the members can know the reasons that drive the dissolution of the cooperative; the reason had to be strong enough, so that they would be accepted by all the members present in the meeting
2. Cooperatives in the government's decision dismissed
The Government may issue a letter of dissolution of the cooperative if:
1) There is strong evidence that the cooperative does not fulfill the provisions in the Act that apply cooperative.
2) Cooperative activities significantly contradictory and disrupt public order or morality.
3) The Government considers that the viability of cooperatives cannot be on hold , so it can no longer be expected to meet its function as an economic organization that would like to fight for the interests of its members
1. Meeting of cooperative members really want cooperative dissolved
Dissolution of the cooperative members will have to be done through a meeting of members. In the meeting the members can know the reasons that drive the dissolution of the cooperative; the reason had to be strong enough, so that they would be accepted by all the members present in the meeting
2. Cooperatives in the government's decision dismissed
The Government may issue a letter of dissolution of the cooperative if:
1) There is strong evidence that the cooperative does not fulfill the provisions in the Act that apply cooperative.
2) Cooperative activities significantly contradictory and disrupt public order or morality.
3) The Government considers that the viability of cooperatives cannot be on hold , so it can no longer be expected to meet its function as an economic organization that would like to fight for the interests of its members
B. DISSOLUTION PROCEDURE FOR COOPERATION
1. Dissolution on their own
The steps are as follows:
1) Hold a special meeting of members to discuss the dissolution of the cooperative.
2) Board member meeting to present the results of the dissolution of the cooperative to cooperative officers within the agency to apply for the dissolution of the cooperative.
3) After the dissolution of the cooperative petition is received by the competent authorities, then the authorities will issue a decree of dissolution and present it to the cooperative filed.
Dissolution of cooperatives by the government decision will be issued within a period not later than 4 (four) months from the receipt of application dissolution of the cooperative.
Dissolution of the cooperative government will only be done if the cooperative has actually violated the Act or the rules, or is not in the interests of its members.
The steps are as follows:
1) Do research to obtain strong evidence that the cooperative in question has violated applicable rules or to disturb public order.
2) The Government shall record on property rights are being cooperative, evidence of the wealth of the cooperative, members list, a list of members of management may be required accountability.
3) On the basis of the cooperative research, the competent authority to dissolve the cooperative will send a letter to the dissolution of the cooperative in question.
4) Delivery dissolution proposal to officials of other related cooperative, the cooperative only a name only or no longer board and its members.
Whereas in the case of violation of the Act or regulations as in effect of a law or regulation, then basically all existing cooperative must adjust to the new legislation
The procedures for the dissolution of the cooperative are as follows:
1) The Government shall conduct a study of existing cooperatives in the enactment of new legislation.
2) If the results of the study found that in a number of cooperatives that do not comply with applicable regulations, it provides the opportunity for cooperative officials concerned to adjust.
3) When it comes to the time limits specified in these cooperatives do not want to conform to the applicable regulations, the government will send a letter to the dissolution of the cooperative concerned with the accompanied the reasons for its dissolution.
Dissolution of the cooperative decision made by the competent authority after the dissolution of the cooperative in the whole procedure is applicable lakukan.hal well in case its own volition or the will of the government. The dissolution of the letter should be noted in the general list of registered cooperatives in the region. Dissolution decree also necessary in the other parties concerned.
One very important element cooperative role in the dissolution process is the formation of a committee called the settlement committee. Completion of the committee's members to be removed from the people who have a particular expertise , and must comply with the provisions in force so that they can perform the task as well as possible .
Decree of dissolution of the cooperative will be sent to people who act as a committee member of the settlement , then perform the division of tasks to fellow members , in carrying out its duties , the committee resolver must base itself on the following considerations :
1) There is evidence that the cooperative will be dismissed.
2) The provisions specified in the articles of association in the cooperative in question.
3) The decisions are applicable in relation to the dissolution.
During the completion phase of the cooperative to be in the dispersed status as a "cooperative in progress ".
(1) For the purposes of Creditors and Members Cooperative, the cooperative and the dissolution or closure of Savings and Loans Unit must be done dissolution settlement or closing Cooperative and Savings and Loans Unit, hereinafter referred to settlement.
(2) Settlement by Tim dissolution settlement or closing of Cooperatives and Savings and Loans Unit, hereinafter called the resolver.
(3) For completion by the meeting of the Members, Team resolver appointed and accountable to the Member Meeting.
(4) For the settlement based on the Government's decision, Tim resolver appointed and accountable to the Government.
(5) During the settlement process, or Units of Cooperative Savings and Loans remain as "AND COOPERATIVE SAVINGS AND LOANS OR UNIT IN SETTLEMENT".
1). in performing its duties, the committee has the right and obligation resolver as follows:
- Do all acts for and on behalf of "cooperative in progress"
- Gather the information needed regarding the settlement in the cooperative.
- Calling the member or former member in accordance with its responsibilities, both individually and together.
- Acquire, double check, and using all archives cooperative
- Establish and implement all payment obligations of precedence from other debt payments.
- Using the remaining assets to complete the remaining obligations cooperative cooperatives.
- Distribute the rest of the settlement proceeds to the members of the cooperatives'
- Making news event completion.
2) Resolver team shall perform his duties within the time specified in the decree of dissolution or closure of Unit Cooperatives Savings and Loan;
3) Resolver teams prepare minutes of the results of execution of his duty
4) Cost Team Member Meeting resolver based decisions and or charged to the Cooperative Savings and Loans Unit, the amount as much as 5 % of the remaining amount of the settlement;
5) Team fee settlement imposed by the Government's decision to the Government
6) Official report submitted to the Government the results of the completion and submission of the minutes of the completion of the liquidation or dissolution of the Cooperative and Savings and Loans Unit, the task ends resolver Team.
(1) Dissolution of Cooperatives and or Unit Savings and loan closing was announced by the Government in the State, and the cost to be borne by the Government;
(2) In addition to the provisions referred to in paragraph (1) of the closing unit should be announced by the Savings and Loans Cooperative concerned and reported to the Government;
(3) Status Law on Cooperatives and Savings and Loans Unit or remove the closure from the date of the announcement or closing of the dissolution of the Cooperative and Savings and Loans Unit in the State.
1) Hold a special meeting of members to discuss the dissolution of the cooperative.
2) Board member meeting to present the results of the dissolution of the cooperative to cooperative officers within the agency to apply for the dissolution of the cooperative.
3) After the dissolution of the cooperative petition is received by the competent authorities, then the authorities will issue a decree of dissolution and present it to the cooperative filed.
Dissolution of cooperatives by the government decision will be issued within a period not later than 4 (four) months from the receipt of application dissolution of the cooperative.
2. Dissolution of the cooperative will of the government
Dissolution of the cooperative government will only be done if the cooperative has actually violated the Act or the rules, or is not in the interests of its members.
The steps are as follows:
1) Do research to obtain strong evidence that the cooperative in question has violated applicable rules or to disturb public order.
2) The Government shall record on property rights are being cooperative, evidence of the wealth of the cooperative, members list, a list of members of management may be required accountability.
3) On the basis of the cooperative research, the competent authority to dissolve the cooperative will send a letter to the dissolution of the cooperative in question.
4) Delivery dissolution proposal to officials of other related cooperative, the cooperative only a name only or no longer board and its members.
Whereas in the case of violation of the Act or regulations as in effect of a law or regulation, then basically all existing cooperative must adjust to the new legislation
The procedures for the dissolution of the cooperative are as follows:
1) The Government shall conduct a study of existing cooperatives in the enactment of new legislation.
2) If the results of the study found that in a number of cooperatives that do not comply with applicable regulations, it provides the opportunity for cooperative officials concerned to adjust.
3) When it comes to the time limits specified in these cooperatives do not want to conform to the applicable regulations, the government will send a letter to the dissolution of the cooperative concerned with the accompanied the reasons for its dissolution.
C. DECREE OF DISSOLUTION
Dissolution of the cooperative decision made by the competent authority after the dissolution of the cooperative in the whole procedure is applicable lakukan.hal well in case its own volition or the will of the government. The dissolution of the letter should be noted in the general list of registered cooperatives in the region. Dissolution decree also necessary in the other parties concerned.
D. SETTLEMENT
One very important element cooperative role in the dissolution process is the formation of a committee called the settlement committee. Completion of the committee's members to be removed from the people who have a particular expertise , and must comply with the provisions in force so that they can perform the task as well as possible .
E. IMPLEMENTATION PROCEDURES FOR DISSOLUTION
Decree of dissolution of the cooperative will be sent to people who act as a committee member of the settlement , then perform the division of tasks to fellow members , in carrying out its duties , the committee resolver must base itself on the following considerations :
1) There is evidence that the cooperative will be dismissed.
2) The provisions specified in the articles of association in the cooperative in question.
3) The decisions are applicable in relation to the dissolution.
During the completion phase of the cooperative to be in the dispersed status as a "cooperative in progress ".
Article 59
(1) For the purposes of Creditors and Members Cooperative, the cooperative and the dissolution or closure of Savings and Loans Unit must be done dissolution settlement or closing Cooperative and Savings and Loans Unit, hereinafter referred to settlement.
(2) Settlement by Tim dissolution settlement or closing of Cooperatives and Savings and Loans Unit, hereinafter called the resolver.
(3) For completion by the meeting of the Members, Team resolver appointed and accountable to the Member Meeting.
(4) For the settlement based on the Government's decision, Tim resolver appointed and accountable to the Government.
(5) During the settlement process, or Units of Cooperative Savings and Loans remain as "AND COOPERATIVE SAVINGS AND LOANS OR UNIT IN SETTLEMENT".
Article 60
1). in performing its duties, the committee has the right and obligation resolver as follows:
- Do all acts for and on behalf of "cooperative in progress"
- Gather the information needed regarding the settlement in the cooperative.
- Calling the member or former member in accordance with its responsibilities, both individually and together.
- Acquire, double check, and using all archives cooperative
- Establish and implement all payment obligations of precedence from other debt payments.
- Using the remaining assets to complete the remaining obligations cooperative cooperatives.
- Distribute the rest of the settlement proceeds to the members of the cooperatives'
- Making news event completion.
2) Resolver team shall perform his duties within the time specified in the decree of dissolution or closure of Unit Cooperatives Savings and Loan;
3) Resolver teams prepare minutes of the results of execution of his duty
4) Cost Team Member Meeting resolver based decisions and or charged to the Cooperative Savings and Loans Unit, the amount as much as 5 % of the remaining amount of the settlement;
5) Team fee settlement imposed by the Government's decision to the Government
6) Official report submitted to the Government the results of the completion and submission of the minutes of the completion of the liquidation or dissolution of the Cooperative and Savings and Loans Unit, the task ends resolver Team.
Article 61
(1) Dissolution of Cooperatives and or Unit Savings and loan closing was announced by the Government in the State, and the cost to be borne by the Government;
(2) In addition to the provisions referred to in paragraph (1) of the closing unit should be announced by the Savings and Loans Cooperative concerned and reported to the Government;
(3) Status Law on Cooperatives and Savings and Loans Unit or remove the closure from the date of the announcement or closing of the dissolution of the Cooperative and Savings and Loans Unit in the State.
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