On 15 July 2026, the Fede\u00adral Cabi\u00adnet appro\u00adved a draft bill to moder\u00adni\u00adse co-ope\u00adra\u00adti\u00adve law. The reform is inten\u00added to make the legal form of the co-ope\u00adra\u00adti\u00adve more attrac\u00adti\u00adve, redu\u00adce bureau\u00adcra\u00adtic hurd\u00adles and, at the same time, pro\u00advi\u00adde bet\u00adter pro\u00adtec\u00adtion against uns\u00adcru\u00adpu\u00adlous pro\u00advi\u00adders. For small and medi\u00adum-sized enter\u00adpri\u00adses, as well as start-ups con\u00adside\u00adring a coope\u00adra\u00adti\u00adve struc\u00adtu\u00adre, the draft intro\u00addu\u00adces a num\u00adber of prac\u00adti\u00adcal changes.<\/p>\n
One of the key chan\u00adges con\u00adcerns com\u00admu\u00adni\u00adca\u00adti\u00adon within the co-ope\u00adra\u00adti\u00adve. Until now, many agree\u00adments requi\u00adred what is known as \u2018writ\u00adten form\u2019 \u2013 that is, a hand-signed state\u00adment on paper. In future, a text-based form will suf\u00adfice: a legi\u00adble state\u00adment wit\u00adhout a signa\u00adtu\u00adre, for exam\u00adp\u00adle by email, will then be suf\u00adfi\u00adci\u00adent. Mee\u00adtings may be held online or in a hybrid for\u00admat, and mem\u00adbers can be infor\u00admed digi\u00adtal\u00adly. This saves time and money, par\u00adti\u00adcu\u00adlar\u00adly for coope\u00adra\u00adti\u00adves with many mem\u00adbers or tho\u00adse that are orga\u00adnis\u00aded on a decen\u00adtra\u00adli\u00adsed basis.<\/p>\n
Anyo\u00adne wis\u00adhing to set up a co-ope\u00adra\u00adti\u00adve is fami\u00adli\u00adar with the pro\u00adblem: regis\u00adtra\u00adti\u00adon with the regis\u00adtry court can drag on for weeks or months, with no sta\u00adtu\u00adto\u00adry time limit in place. That is set to chan\u00adge. Under the new draft legis\u00adla\u00adti\u00adon, the com\u00adpe\u00adtent court must regis\u00adter the co-ope\u00adra\u00adti\u00adve within 20 days of recei\u00adving the com\u00adple\u00adte set of docu\u00adments. An impro\u00adved data\u00adba\u00adse is also inten\u00added to make it easier for foun\u00adders to find the rele\u00advant audi\u00adting body, which asses\u00adses the co-operative\u2019s finan\u00adcial soundness.<\/p>\n
In the past, coope\u00adra\u00adti\u00adves have some\u00adti\u00admes been used as a vehic\u00adle for dubio\u00adus invest\u00adment sche\u00admes. The draft bill addres\u00adses this by intro\u00addu\u00adcing clear rest\u00adric\u00adtions: mere capi\u00adtal invest\u00adment is no lon\u00adger to be con\u00adside\u00adred a per\u00admis\u00adsi\u00adble pur\u00adpo\u00adse for a coope\u00adra\u00adti\u00adve. In addi\u00adti\u00adon, an upper limit of 50 per cent is being intro\u00addu\u00adced for so-cal\u00adled \u2018inves\u00adt\u00ading mem\u00adbers\u2019 \u2013 that is, indi\u00advi\u00addu\u00adals who pro\u00advi\u00adde capi\u00adtal to the co-ope\u00adra\u00adti\u00adve but do not actively bene\u00adfit from its objec\u00adti\u00adves. At the same time, audit asso\u00adcia\u00adti\u00adons are being held to hig\u00adher stan\u00addards and sta\u00adte super\u00advi\u00adsi\u00adon of the\u00adse asso\u00adcia\u00adti\u00adons is being extended.<\/p>\n
Until now, only small co-ope\u00adra\u00adti\u00adves with up to 20 mem\u00adbers have been able to sti\u00adpu\u00adla\u00adte in their artic\u00adles of asso\u00adcia\u00adti\u00adon that the board of direc\u00adtors is bound by the ins\u00adtruc\u00adtions of the gene\u00adral mee\u00adting. This thres\u00adhold is to be rai\u00adsed to 150 mem\u00adbers. This will give medi\u00adum-sized co-ope\u00adra\u00adti\u00adves grea\u00adter scope to make their inter\u00adnal decis\u00adi\u00adon-making struc\u00adtures more democratic.<\/p>\n
A draft bill with simi\u00adlar con\u00adtent, intro\u00addu\u00adced by the pre\u00advious govern\u00adment, had alre\u00ada\u00addy been appro\u00adved by the Cabi\u00adnet in Novem\u00adber 2024, but did not reach the voting stage due to the pre\u00adma\u00adtu\u00adre col\u00adlap\u00adse of the \u2018traf\u00adfic light\u2019 coali\u00adti\u00adon. The new fede\u00adral govern\u00adment, com\u00adpri\u00adsing the CDU\/CSU and the SPD, has taken up this draft and revi\u00adsed it in cer\u00adtain are\u00adas. The legis\u00adla\u00adti\u00adve pro\u00adcess is now under\u00adway once again.<\/p>\n
Cli\u00adents who are set\u00adting up, run\u00adning or sup\u00adport\u00ading a co-ope\u00adra\u00adti\u00adve as mem\u00adbers would be well advi\u00adsed to take a clo\u00adse look at the plan\u00adned chan\u00adges. Once the law has been pas\u00adsed, pro\u00advi\u00adsi\u00adons in the artic\u00adles of asso\u00adcia\u00adti\u00adon and inter\u00adnal decis\u00adi\u00adon-making pro\u00adces\u00adses, in par\u00adti\u00adcu\u00adlar, can be amen\u00added. It is advi\u00adsa\u00adble to seek legal gui\u00addance at an ear\u00adly stage in order to make the most of the new scope for action.<\/p>\n