Autori: Polidoro, Daria, Carlizzi, Mario
Titolo: Per una nuova "corporate governance" delle Cooperative Sociali Agricole alla luce della Riforma del diritto societario
Periodico: Economia & diritto agroalimentare
Anno: 2005 - Volume: 10 - Fascicolo: 1 - Pagina iniziale: 191 - Pagina finale: 204

The recent reform of Italian Corporate Law has radically modified the discipline of cooperative societies, giving them numerous instruments typically used by joint-stock companies. These instruments, if well-used, could certainly be useful in the revival of cooperative societies particularly in the social and agricultural fields, giving them a renewed “entrepreneurial spirit”. Above all, we have pointed out the peculiarity of the cooperative society which has been freed from the so-called “management of services” or the necessity to operate predominantly for the benefit of partners or using a majority of their resources. Secondly, we’ve analysed how the cooperative society could carry out agricultural activity taking advantage of the expected benefits for cooperative firms as well as agricultural enterprises. The third part of this article is focused on corporate governance’s recent reform of law, and specifically, the possibility of designating as directors those who are not shareholders and are “independent” and “non executive”, in connection to the possibility of issuing financial instruments without administrative rights in the cooperative society and protecting these financers with specific rules or agreements among shareholders. Lastly, we have taken into consideration some of the possibilities derived from the recent reform of corporate law. In particular, we have addressed the issue of nominating as director individuals which are not partners but rather “independent and non-executive”, allowing the choice of financial instruments to be chosen which are not participatory. Thus, financers or sponsors will be safeguarded by statutory norms as well as by agreements amongst partners. All of this could contribute in resolving the ongoing problem of corporate governance of cooperative societies and to find new ways of financing them.




SICI: 1970-9498(2005)10:1<191:PUN"GD>2.0.ZU;2-K
Testo completo: http://www.fupress.net/index.php/eda/article/download/1148/1093

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