If an official member is declared missing by the Court, will the cooperative member’s status be terminated?

Who are official members of cooperatives?

According to Clauses 16 and 17, Article 4 of the Cooperative Law 2023, the regulations on members of cooperatives are as follows: after:

– Members include official members, capital-contributing associate members and non-capital-contributing associate members of cooperatives, cooperative unions or members of cooperative groups.

– Official members include:

Members contribute capital and use products and services of cooperatives and unions of cooperatives;

Members contribute capital and labor to cooperatives and cooperative unions;

Members contribute capital, use products, services and contribute labor to cooperatives and unions of cooperatives.

Conditions for becoming an official member of a cooperative?

Conditions for becoming an official member of a cooperative are specified in Clause 1, Article 30 of the Cooperative Law 2023 as follows:

Conditions become a cooperative member

1. Official members and capital contributing members of the cooperative include:

a) Individuals who are Vietnamese citizens aged 18 years or older, with full civil act capacity;

b) Individuals who are foreign investors with investment registration certificates according to the provisions of law on investment;

c) Households, cooperative groups and other organizations without legal status established and operating in Vietnam. Members of this organization must appoint a representative according to the provisions of the Civil Code to exercise the rights and obligations of cooperative members;

d) Vietnamese legal entity.

Thus, according to the above regulations, official cooperative members can be individuals, households and can also be agencies and organizations that are Vietnamese legal entities.

To become an official member of the cooperative, it is necessary to fully meet the following conditions:

Individuals are Vietnamese citizens aged 18 years or older, with full civil act capacity;

Individuals who are foreign investors have an investment registration certificate according to the provisions of investment law;

Households, cooperative groups, and other organizations without legal status established and operating in Vietnam.

Members of this organization must appoint a representative according to the provisions of the Civil Code to exercise the rights and obligations of cooperative members;

Vietnamese legal entity.

Does an official member declared missing by the Court terminate his or her cooperative membership status?

Pursuant to Clause 1, Article 33 of the Cooperative Law 2023, provisions on termination of cooperative membership status are as follows:

Termination of cooperative membership status commune

1. Cases of official termination of membership:

a) The individual member has died; declared by the Court to be dead, missing, limited or losing civil act capacity, having difficulty in cognition and behavior control;

b) Members of organizations that cease to exist, dissolve, go bankrupt;

c) Cooperatives that cease to exist, dissolve, go bankrupt;

d) Members that voluntarily leave the cooperative commune;

d) Member is expelled according to the provisions of the Charter;

e) Member does not use products, services or does not contribute labor for a continuous period of time according to the provisions of the Charter;

g) At the time of commitment to fully contribute capital, the member does not contribute capital or contributes capital lower than the minimum capital prescribed in the Charter. case.

Thus, being declared missing by the Court is one of the cases that terminates the membership status of an official member based on the above regulations.

Which case terminates the status of an associate member contributing capital and an associate member not contributing capital of the cooperative?

Pursuant to Clauses 2 and 3, Article 33 of the Cooperative Law Cooperative 2023 on termination of cooperative membership as follows:

Termination of cooperative membership

…

2. Cases of termination of associate capital contribution membership status are as prescribed in Points a, b, c, d, dd and g, Clause 1 of this Article.

3. Cases of termination of associate membership without capital contribution:

a) Cases specified in Points a, b, c, d, dd and e, Clause 1 of this Article;

b) Failure to pay membership fees according to the provisions of the Charter.

Accordingly, cases of termination of capital contribution membership status include:

A member who is an individual has died; declared by the Court to be dead, missing, having limited or lost civil act capacity, having difficulty in cognition and behavior control;

A member is an organization that ceases to exist, dissolves, or goes bankrupt;

Cooperatives cease to exist, dissolve, or go bankrupt;

Members voluntarily leave the cooperative;

Members are expelled according to the provisions of the Charter;

At the time of committing to fully contribute capital, the member does not contribute capital or contributes capital lower than the minimum capital prescribed in the Charter.

And, cases of termination of associate membership without capital contribution include:

A member who is an individual has died; declared by the Court to be dead, missing, limited or losing civil act capacity, having difficulty in cognition and behavior control;

– Members are organizations that cease to exist, dissolve, go bankrupt;

Cooperatives cease to exist, dissolve, go bankrupt;

Members voluntarily leave the cooperative commune;

Member is expelled according to the provisions of the Charter;

Member does not use products or services or does not contribute labor for a continuous period of time according to the provisions of the Charter;

Does not pay membership fees according to the provisions of the Charter.

Note: The Cooperative Law 2023 takes effect from July 1, 2024.