Neki aspekti korporativnog upravljanja zadrugom

Abstract

A cooperative community is a wiling formation consisting exclusively of cooperative members who are their founders realising their own interests based on cooperative principles. It represents an independent subject in law having its own mechanism of a will creation. That is the cooperative administration or corporate management (further: CM) through which the cooperative community's will implements itself in concrete legal affairs with cooperative members, but also with other third persons on the market. In the comparative law the corporate management is mostly structured, in addition to the assembly of cooperative members, in two-tier system organs: the board of directors and supervisory board. Additionally, in Serbian law there is a special individual body - director. The week points of our cooperative community law is, except of establishing the board of directors, having none-cooperative experts as members of the board of directors and supervisory board. In this way, a cooperative community, being recognized as a business company, is put in an unequal and unfavorable position on the market compared to the other non-cooperative business companies. The paper critically explains our legal rules regarding the corporate management in a cooperative community, proposing the improvements in the form of proposals de lege ferenda, which would create the conditions for a greater democracy and efficiency in decision-making and doing business in cooperative communities.