|
||
|
||
|
||
|
||
| Home About Contact Deutsch English Français Español | ||
|
Raiffeisenbank Must Repeat General Assembly? - The Problem Is Homemade! - Reader’s Letter and AnalysisThe last general assembly of the Volks- und Raiffeisenbank Saale-Unstrut eG on June 25, 2024, didn’t make headlines in the daily press this year. Why? Is fundamental transparency and the democratic right to participate, especially in cooperatives (eG), a problem for the executive board and supervisory board?  General Assembly 2024 of Raiffeisenbank Saale-Unstrut e.G. The fact that invitations were apparently sent out incompletely and critical members were sidelined or even excluded by the executive board fundamentally contradicts the cooperative spirit. The proper invitation to the general assembly is regulated in the bylaws! A cooperative thrives on the active participation of its members and their questions to the executive board, especially when it comes to decisions regarding the discharge of the executive and supervisory boards. It is unacceptable for members’ questions to be deliberately ignored to possibly avoid inconvenient topics. Comprehensive transparency must be ensured, particularly when it comes to discharging the governing bodies. The executive board has a comprehensive obligation to provide information to members under § 34 of the Cooperative Act. Failing to fulfill this obligation not only undermines trust but may also render the voting results invalid. Such conduct raises legitimate doubts about the legality of this general assembly. When will the general assembly be repeated? A cooperative member with questions. H. Meißner AnalysisThe provided text addresses possible violations of the Cooperative Act and the bylaws of the Volks & Raiffeisenbank Saale-Unstrut eG in the context of the general assembly. At its core, it concerns transparency, members’ participation rights, and the legally compliant organization and conduct of this general assembly.Transparency and Democratic Participation in CooperativesUnder German Cooperative Law (GenG), a cooperative is organized as a democratic legal form in which every member has equal voting rights, regardless of their financial stake. This principle is rooted in the cooperative ethos, which strongly emphasizes transparency, participation, and equality (§ 1 GenG). Executive board members and the supervisory board are required to provide accountability during the general assembly and enable members to make informed decisions regarding the discharge of these bodies.Proper and Timely Invitation to the General AssemblyThe proper invitation of members to the general assembly is a central element enshrined in the bylaws and is essential for the assembly’s validity. A bylaw-violating or incomplete invitation could potentially make the assembly’s resolutions contestable. The bylaws typically specify the deadlines to be observed and the manner in which the invitation must be issued. If members, especially critical voices, are excluded from the invitation or receive it incompletely, this constitutes a violation of the bylaws, which could lead to the contestation of resolutions.Executive Board’s Obligation to Provide Information Under § 34 Cooperative ActUnder § 34 of the Cooperative Act, the executive board has a comprehensive obligation to provide information to members. This obligation ensures that members gain insight into the cooperative’s business activities, enabling them to make informed decisions, particularly regarding the discharge of governing bodies. The law stipulates that the executive board must provide accurate and complete responses to inquiries during the general assembly, as long as this serves the interests of the cooperative and its members. Deliberately withholding information or ignoring members’ questions contradicts this principle and can undermine members’ trust.Legal Consequences of Violations of Invitation and Information ObligationsIf the invitation to the general assembly is not issued in accordance with the bylaws or the executive board fails to fulfill its information obligations, the assembly’s resolutions, particularly the discharge of the executive and supervisory boards, may be contestable. Under the Cooperative Act, resolutions of the general assembly are invalid if they were made on a legally flawed basis. A member can thus challenge the invalidity of such resolutions in court if they can demonstrate that proper decision-making was not possible due to these violations. Contestation may also result in the general assembly having to be repeated to ensure proper decision-making.Possible Legal ClaimsThe events described in the text raise legitimate questions about whether the assembly was conducted in accordance with cooperative law and the principles of the bylaws. If critical members were systematically excluded and questions went unanswered, this could constitute a significant violation of the Cooperative Act. Affected members have the option to contest resolutions and demand a repeat of the general assembly to ensure democratic and transparent decision-making.Possible Consequences for the Executive BoardSuch conduct can have significant consequences for the executive board. Violations of the bylaw-mandated invitation process and the legally regulated obligation to provide information (§ 34 GenG) can not only lead to the contestability of resolutions but also establish personal liability for executive board members. Under § 41 of the Cooperative Act, executive board members are obligated to manage the cooperative’s affairs with the care of a prudent and conscientious business leader. If they breach this duty, they may be liable for resulting damages. Additionally, such violations could permanently damage members’ trust in the leadership and lead to a loss of confidence in the entire cooperative. In severe cases, the general assembly may withdraw confidence in the executive board and resolve to remove them. Finally, the financial supervisory authority (BaFin) could initiate an audit of the bank and its governing bodies if serious violations are suspected.Author: AI-Translation - Redaktion | 01.11.2024 |
|
| Other articles: |
 | 3 for District Council and City Council - Madlen Walter, Grit Wagner, and Thomas Hädrich-WagnerThe local elections are coming up on June 9, 2024. Numerous candidates want to enter the regional parliaments. Three of them here in a video interview!... zum Artikel |
 | And Suddenly Everyone Is Far-Right: SPD, FDP, and Greens in Radical Self-DenialIt’s hard to believe: The traffic light coalition, which only yesterday portrayed itself as a beacon of social justice and human dignity, has overnight turned into a political di... zum Artikel |
 | Censorship Still Exists - Democracy Is a Dangerous Organization or GroupWhen the Federal Administrative Court lifts a ban, it’s a normal procedure in a functioning constitutional state. But if that ban concerns the Compact Magazine – a medium one d... zum Artikel |
|
Support the operation of this website with voluntary contributions: via PayPal: https://www.paypal.me/evovi/12 or via bank transfer IBAN: IE55SUMU99036510275719 BIC: SUMUIE22XXX Account holder: Michael Thurm Shorts / Reels / Kurz-Clips Imprint / Disclaimer |