A cooperative is a legal entity established by individuals or cooperative legal entities, by separating the wealth of its members as capital to run a business, which fulfills common aspirations and needs in the economic, social, and cultural fields in accordance with cooperative values and principles. Unlike other business entities that only allow owners to obtain maximum profits, cooperatives are run with the aim of providing benefits for all members. Therefore, cooperatives create social benefits that can be enjoyed by the wider community. To know and understand more about the process of establishing a private cooperative and who can establish one, Contract Law will discuss it below. According to Permenkop No. 9/2018, cooperatives can be established by founders consisting of people or several cooperatives that fulfill the membership requirements and declare themselves to be members and attend the cooperative establishment meeting. It depends and goes back to the type of cooperative being established.
Cooperative Type
If the type of cooperative established is a primary cooperative, the cooperative can be established by an individual or privately with a minimum of 9 members. The establishment of a cooperative is done by a cooperative establishment deed made by a notary in the Indonesian language. The deed of establishment must contain the articles of association and other information relating to the establishment of the cooperative. The deed must also contain the type of cooperative to be established. The types of cooperatives in question consist of:
Savings and Loan Cooperative
A cooperative that operates a savings and loan business as its sole business.
Producer Cooperative
Cooperatives that run service businesses in the procurement of production facilities and marketing of production produced by members to members and the community.
Consumer Cooperative
Cooperatives that run service businesses in the field of providing goods for members and the community.
4. Service Cooperative
Cooperatives that run service businesses needed by members and the community. The deed of establishment that has been made is then submitted by the founders jointly or through their proxies to the minister to obtain legalization as a legal entity. However, the application for ratification of the cooperative’s deed of establishment can only be made if the application for filing the name of the cooperative at the Directorate General of AHU is accepted. Read also:
Cooperative Establishment in Legal Contract
For KH pals who want to establish a private cooperative in Jakarta and need help to take care of the establishment license, KH pals can also use legal services from Kontrak Hukum. KH pals do 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. Kontrak Hukum guarantees that KH pals can get TDUP without any obstacles. Furthermore, KH pals can directly visit the Cooperative website (Jakarta only). Furthermore, the applicant must fill in the form and complete 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.
If the application is accepted, the cooperative will obtain legalization as a legal entity. For information, after the Job Creation Law, cooperatives will now obtain legal entity status on the date of issuance of the decree of the minister of Law and Human Rights on the ratification of Cooperative legal entities. After obtaining legalization, cooperatives must also apply for a business license and cooperative operational license. The applicant can apply for the license by entering the Cooperative Legal Entity Ratification Number on the OSS page.
KH Contact
Well Friend KH, those are the requirements and ways to establish a personal cooperative. For KH Pals who are currently running a personal cooperative/personal business with the same concepts and principles as a cooperative, you should immediately take care of the legality needed for KH Pals’ business. Because by registering KH Pals’ cooperative, the cooperative not only gets legal protection but can also increase the trust of prospective cooperative members. The consequences obtained if you do not have a business license such as dissolution of the cooperative can also be avoided. If Sobat KH has any questions or would like to consult regarding the establishment of cooperatives, business licenses, or regarding other legal matters, please do not hesitate to contact Kontrak Hukum at the Tanya KH bonded link!
