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July 4, 2022
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Elvis Paniagua explains the steps and requirements to create cooperatives

Elvis Paniagua explica los pasos y requisitos para crear cooperativas

In less than 60 days, a new, legally constituted cooperative could be created, thanks to the facilities that now exist for the formation of these organizations, due to the elimination of bureaucracies and the integration of technology, which implements the Cooperative Credit and Development Institute (Idecoop).

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The process has become more flexible and streamlined, since, mainly, it is not necessary to deliver the various certifications that were previously required, as explained Elvis Paniagua, national director of Idecoop Special Programs Projects, who also pointed out the steps and requirements for the creation of a new cooperative.

Everything starts, he says, with the motivation and then the creation of the management committee, which according to the Law 127-64 on Cooperative Associations and their Regulations, requires a minimum of 15 members for the formation of the committee. Once the committee has been formalized and sworn in, an Idecoop technician will accompany and provide educational training to the members throughout the process.

There will be training in governance, internal control, risk and cooperative legislation, which is the legal framework of cooperatives that includes Law 127-64 and all the articles that accompany them.

Then, it goes on to the formation of the statute, in which the typology of the new cooperative will have to be defined, so five articles of the 101 or 96 will have to be modified, depending on whether the new cooperative is going to be for production and work, agricultural or savings and loans.

“Only five articles adaptable to that statute will be modified. The others will remain intact, because Law 127-64 requires it,” says Paniagua.

Once the statute has been formed, he continues, it will be sent to Idecoop to be submitted for evaluation.

“He comes here internal filter, in which the legal part of that statute is formed. It will give shape and background to it. We provide them with a statute model, depending on the typology, so that they can modify the five articles”, he points out.

The filter will show the legality of the new cooperative to be approved by the constituent assembly. Then, the members are called for the celebration of the assembly, he explains.

In the celebration of the meeting, Paniagua says, the officials are elected, and the administrative council, the surveillance council and the credit committee will be born. Then they elect an education commission.

Once the councils have been formed, the positions have been selected and the assembly has been held, a declaration of expenses is made and a bank account is opened, in the name of the president of the cooperative and the treasurer.

“In a democratic way, three members are elected, who are not from the cooperative, which will be the electoral commission. Seven members are elected to the administrative council, five to the supervisory council and four to the credit committee”.

ANDThen, he points out, the elected secretary will write a letter asking the President of the Republic to incorporate that cooperative.

“A letter is made to the President, a call for the constituent assembly, a charter of the constituent assembly, the list of partners, certification of the secretary and, on behalf of us, Idecoop, a certification of the social technician who was present at the assembly”, he details.

Remember that the approval of the Idecoop Legal Department it is part of the file of the new cooperative, in addition to the certification of the authorization of the assembly, the signing of the statute, by at least 15 members and the certification of the technical committee.

Once the decree of integration of the new cooperative is issued, it is necessary to register the name in the National Office of Industrial Property (Onapi); In addition, Idecoop will deliver a certification to change the status to a legal entity and one to obtain the National Taxpayer Registry (RNC), in the General Directorate of Internal Taxes (DGII).

“You also have to make a simple sworn statement, with which the requirements are concluded,” he adds.
Goal of almost 700.

Elvis Paniagua announced that for this year there is a goal of creating some 700 cooperatives.

Paniagua assured that due to the new process that Idecoop has implemented, with the elimination of bureaucracies, technical support throughout the process and use of technology, no file is almost never returned.

“Here we take care that the file is really complete, without any type of weakness. All the steps have been made more flexible for the creation of a cooperative,” said Paniagua.

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