Co-Operatives.

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Presentation transcript:

Co-Operatives

Co-Operatives Equity Co-Operatives in Toronto used to give one vote to each unit, but now share is based on size of property proportional to the entire co-operative Regulated by Financial Services Commission of Ontario (FSCO) Operated under Co-Operative Corporations Act; member-owned and controlled By-laws control day-to-day operation

Co-Operatives Act requires that each member has one vote, regardless of their invested amount Act regulates offering statements and related disclosures E.g. when securities are sold beyond basic membership shares Distribution of surplus funds on the termination of equity co-operative Registration must be done under Sections 4, 5, 6 Specific number of people required to be able to file Articles of Incorporation + other documents FSCO issues certificate of incorporation after payment of fee

Co-Operatives Co-operative Branch and the Credit Union can provide information about: The procedure for registration Ongoing record-keeping/filing requirements Other information related to offering statements (such as offerings for share purchase by public) Types of co-ops other than housing co-ops: Supply co-op Service co-op Milk transport co-op Marketing co-op etc.

Co-Operatives Co-ops normally require approval of the Board of Directors for a pledge of share or assignment of an occupancy agreement – this makes the purchase process more complicated Entire co-op property is normally mortgaged – joint liability of all owners based on proportionate share in co-op Lenders are normally reluctant to provide financing against share in a co-op, and they will require a personal guarantee from co-op share owner Buyers should only purchase a share in a co-op if they are assured that the seller has paid off outstanding obligations

Co-Operatives Types of Co-Operatives Equity Co-Operatives (with share capital) Condo Corp. owns the land and buildings and members are shareholders in the Corp. Shareholders own shares and have share certificate as well as occupancy agreement for their specific units If the corp. is dissolved, liabilities are paid after which remaining amount will be divided between shareholders Non-Profit Co-Operatives (without share capital) Main objective of non-profit co-ops is to provide housing for members without any gain for them If the corp. is dissolved, liabilities will be paid after which remaining property will be paid to non-profit housing co-ops or charitable organizations