KH friends must be familiar with cooperatives, right? Cooperatives are indeed one of the business entities that can reach various groups. One of the reasons is because cooperatives run their business together with special values and principles and membership is open or can be anyone. Not to mention that in cooperatives the business is run with the aim of providing benefits for all members. These things make cooperatives a business entity that can reach every circle and is quite popular in Indonesia. So this time, Kontrak Hukum will discuss the complete procedure for establishing a cooperative for KH Pals who plan to establish a cooperative. Let’s see the discussion below! The first procedure that must be done by KH Pals who want to establish a cooperative is to hold a cooperative establishment meeting. This cooperative establishment meeting must be attended by at least 9 people for the establishment of primary cooperatives and at least 3 primary cooperative legal entities represented by the management and/or members authorized by the decision of the primary cooperative members meeting concerned for the establishment of secondary cooperatives. The meeting is intended to discuss the draft articles of association which include:
- cooperative name;
- names of the founders
- the permanent address or domicile of the cooperative;
- types of cooperatives
- standing period
- aims and objectives
- cooperative membership
- cooperative organization device
- cooperative capital
- the amount of principal and mandatory savings deposits
- fields and business activities of cooperatives
- management
- distribution of residual income
- amendment of articles of association
- provisions regarding dissolution and settlement, as well as the elimination of the status of a legal entity
- sanctions; and
- special regulations
The results of the cooperative establishment meeting are then made in the meeting minutes and/or minutes of the meeting to be included in the draft articles of association. Documents related to the establishment meeting must be made because it is one of the documents that must be collected to obtain legal entity authorization. In addition to the founders, the meeting can also be attended by a notary. The notary will record the agreement on the main points of discussion in the establishment meeting to be formulated in the deed of establishment. Furthermore, the founders or through a notary must first apply for the name of the cooperative to the Minister of Law and Human Rights through the Directorate General of Public Law Administration. If the name application is accepted, the deed of establishment of the cooperative that has been completed by the notary can be submitted to the minister for ratification. The application is submitted in writing by the founders jointly or through their proxies. In addition, the applicant must also fill out the available forms and attach a number of supporting documents, such as :
- Two copies of the deed of establishment of the cooperative, one of which is sufficiently stamped;
- Minutes of the cooperative establishment meeting, including the granting of power of attorney to apply for ratification if any;
- Proof of capital deposit, at least as much as the principal deposit;
- A preliminary plan of the cooperative’s business activities.
The authorized official will then conduct an examination of the documents submitted by the applicant. If the application is accepted, the cooperative will receive a decision on the ratification of the cooperative’s deed of establishment as well as the ratification as a legal entity. For information, after the Job Creation Law, cooperatives will now obtain legal entity status on the date the decision letter is issued. After obtaining the ratification, the cooperative must also apply for a business license and operational license in accordance with the cooperative’s business fields and activities. The applicant can apply for the license by entering the Cooperative Legal Entity Ratification Number on the OSS page.
KH Contact
Well Friend KH, that is the procedure for establishing a cooperative. For KH Pals who want to establish a cooperative specifically in the Jakarta area and need help to take care of the establishment license, KH Pals can also use legal services from Kontrak Hukum. Sobat KH does not need to worry about using the services of Kontrak Hukum because in addition to being done by legal experts, Kontrak Hukum has been trusted in solving legal problems quickly, easily, and affordably. For more information, KH friends can visit the Cooperative page (Jakarta only). If you have any questions or want to consult regarding the establishment of cooperatives, business licenses, or other legal issues, do not hesitate to contact Kontrak Hukum at the Tanya KH bonded link.
