Showing posts with label Act of Parliament. Show all posts
Showing posts with label Act of Parliament. Show all posts

Friday, 27 September 2013

MEETINGS IN A SACCO

Definition:   A meeting is the gathering or coming together of at least two persons for a lawful purpose.  A meeting then consists of two or more persons.
When members of a co-operative society come together to discuss matters concerning their cooperative, the meeting is lawful. the meeting of a co-operative society is said to be private because only members can attend and participate in passing resolutions.
Meetings are important for the success of any organization.  there are two main classes of meetings in co-operative societies.  these are:
•   General Meetings
•   Committee Meetings
General Meetings
General meetings are meetings where all members of a co-operative society attend. the supreme authority of a co-operative society is vested in the general meeting.  this is where members have the right to attend, participate and vote on all matters.  the two types of general meetings are:
•   Special General Meetings
Annual General Meetings
The functions of the annual general meetings are: (section 27 of the Act)
  • Consider and confirm the minutes of the last annual general meeting.  the annual general meeting of a co-operative society is convened each year by the committee. it should be held within four months after end of the financial year (Section 27 of the Act).  this is when members exercise their authority.
  • Reading the notice convening the meeting
  •  Consider the minutes of the last annual general meeting and any other intervening general meeting.
  • Consider reports of the committee and any from the commissioner.
  • Consider and adopt audited accounts.
  • Determine the manner in which any available surplus is to be distributed or invested.
  • Approve the estimates of income and expenditure of the ensuing year.
  • Carry out elections to fill any vacant positions.
  • Determine, where necessary, the maximum borrowing power of the society.
  • Appoint auditor for the ensuing year.
  • Transact any other general business of the society of which notice has been given to
  •  Members in the manner prescribed in the by-laws.
  • The quorum of AGM of any SACCo Society shall be as laid in by-laws
The annual general meeting is the mirror of the society.  if the co-operative is growing and making progress, this will be seen in the annual general meeting. this is the occasion when members exercise their ownership, authority and control of the co-operative.
A Special General Meeting of a co-operative society may be convened by:
  • The committee for the purpose of discussing any matter which may arise in the society before the annual general meeting is due.
  • The committee on receipt of a written notice for such meeting signed by such number of members of the co-operative  society as may be prescribed in society’s by-laws and stating the objects and reasons for calling the meeting. If the committee fails to convene a meeting within 15 days of receiving the notice from the members, the members demanding the meeting may themselves convene the meeting by giving notice to the other members of the co-operative society stating the objects and reasons for the meeting and the fact that the committee has failed to convene the meeting.
  • The Commissioner for Co-operative development, who may direct the matters to be discussed and who may preside at the meeting will not need a quorum
There is no fixed number of special general meetings to be held in a year.  the number will depend on the frequency at which urgent issues arise. As much as possible, all important matters should be properly planned for and addressed during the annual general meeting.
Committee Meetings
In every registered co-operative society, members elect the committee to run the affairs of the society on their behalf.  the committee should consist of five, seven or nine members.
In order to carry out duties entrusted by the general meetings, the committee members hold regular meetings. the frequency of the committee meetings depends on the business of the society, but they should normally be held monthly and at least quarterly.  the discussions during the meetings include:
•   to consider and confirm the minutes of the previous meetings.
•   to discuss and check the accounts of the society (liquidity position).
•   to receive and discuss various reports of the society (includes activity and sub committee reports).
•   to discuss the financial obligations of the society (creditors and other commitments).
•   to discuss any other matters that affects the running of the business of the society.
•   to discuss membership growth, withdrawal, staff matters
•   to discuss product and services development
•   to discuss loan delinquency management among other things
Sub-committees - When the committee finds that some matters need more detailed work and reports, sub-committees are elected from among the elected members of the committee. Such committees have only delegated powers and have to report back to the main committee on their work.
The number of sub-committees and the frequency of sub-committee meetings is dictated by the volume and nature of business.
All meetings should have meeting schedules prepared and approved by the full board. this will assist in proper planning and budget allocation. Sub-committees should normally meet earlier and then present their reports to the full committee meeting for adoption and discussion.
Ad-hoc Committees - these may be formed to address specific tasks, and they will cease to exist when the work assigned to them is accomplished.
Joint Meetings
The management committee and the supervisory committee are expected to hold joint meetings quarterly. this is after the supervisory committee has compiled its quarterly report.
The Supervisory Committee should present its report to the meeting for discussion and response from the society committee on the various issues raised.  After presenting the report,  the management committee should be left to make decisions on how to address the issues raised and not yet addressed.
The manager of the society should attend all committee meetings to offer advice on technical and professional matters.
EXCERPT FROM: Savings and Credit Co-operative Societies; Start-up Kit (Swiss Contact and Department of Co-operatives).

CO-OPERATIVE LAWS IN KENYA

The three main sources of co-operative laws applicable to the co-operatives in Kenya are:
  • The Co-operative Societies Act (Cap 490 of the Laws of Kenya)
  • The Co-operative Societies Rules 2008
  • The Sacco Society Act 2008
  • The Sacco Societies Regulations
  • The registered By-laws of the co-operative society
LegislationOther sources include government policies issued from time to time in form of circulars (commissioners circulars) and resolutions passed by members in validly convened and conducted general meetings.
The co-operative Societies Act
This is an Act of Parliament relating to the constitution, registration and regulation of co-operative societies. It is the supreme law relating to the operations of the co-operative societies. Like any other law, the provisions of the Act do not in any way conflict the constitution of Kenya.
The Act is one of the documents that should be available in every co-operative society office and should be thoroughly understood and referred to by the officials from time to time in the conduct of the society business.
The Co-operative Societies Act provides the following areas
  • registration of co-operative societies
  • privileges of a registered co-operative society
  • rights and liabilities of members
  • duties of co-operative societies
  • amalgamation and division of co-operative societies
  • rights and obligations of co-operative societies
  • property and funds of co-operative societies
  • inquiry and inspections
  • surcharge
  • dissolution
  • settlement of disputes
  • offence under the Act, the rules and penalties
The Act has broad provisions and does not specify how certain issues shall be implemented. Section 91 of the Act therefore gives the Minister power to make rules for the better carrying out of provision and purpose of the Act.
The Sacco Society Act, 2008
LegislationThis Act of Parliament makes provision for the licensing, regulation, supervision and promotion of Sacco societies, to establish the Sacco Society Regulatory Authority and connected purposes. This Act is divided in seven parts as follows:
  • preliminary
  • the Sacco Societies Regulatory Authority
  • licensing of Sacco societies
  • regulation Act and supervision of Sacco societies
  • the deposit guarantee fund
  • miscellaneous
  • schedule-conduct of the affair of the board
The Co-operative Societies Rules
The rules are subsidiary legislation made by the Minister. The Minister derives powers to make rules under Section 91 of the Act. The current rules were made and became effective from November  2004. Being subsidiary legislation, the Rules do not conflict with the Act.
RulesThe rule is another document that society should keep in the office and should be referred to and used by the society officials from time to time.
Important provisions in the rules
  • the procedures and forms used in the registration of co-operatives
  • the procedure for making and amending the by-laws of co-operatives
  • the procedure for admission of members in the co-operative societies
  • the procedure of general meeting of members and powers of members
  • the appointment, suspension and removal of committee members
  • the formation and maintenance of reserve fund
  • the procedure for appeals to the Minister
  • the returns to be submitted by the co-operative societies
  • the procedure to be followed in liquidation of societies
The Act and the Rules cannot give adequate details on how each individual co-operative society should be internally governed. Internal regulations are made by each society, because not all aspects are the same in all societies. The rules therefore provide for every society to make by-laws to serve as internal regulations (Rule 7).
The registered By-laws of co-operative societies
The By-laws are internal regulations made by each co-operative society to bind and govern its members. The By-laws are only effective if they are registered by the Commissioner for Co-operative Development. Important areas covered in the By-laws include:
  • name and postal address of the society
  • area of operation and membership common bond
  • the objects for which the society is formed
  • the purpose for which its funds maybe applied
  • the disposal of accumulated funds
  • the qualifications for membership, the terms and mode of admission
  • the withdrawal and expulsion of members
  • the rights, liabilities and obligations of members, including minimum shareholding
  • the transfer of shares or interest of members
  • the manner of raising funds
  • the procedure and quorum of general meetings
  • the appointment, suspension and removal of members of the committee
  • the duties of the management and supervisory committee
  • the period of its financial year
  • the authorization of officers to sign documents
  • the settlement of disputes
  • the condition for issuing of loans
By-LawsBy-laws maybe amended by members in a validly convened and held general  meeting. At least fifteen (15) clear days notice of the proposed amendment must have been given to all members.
Any amendment of the by-laws of a co-operative society shall only be valid if the amendment is registered with the Commissioner of Co-operative Development. When Commissioner registers an amendment of the by-laws of a co-operative society, he issues to the society a copy of the amendment certified by him as evidence that the amendment of the By-laws has been registered. This copy should be kept in the society office for use.
The By-laws of a co-operative society are subordinate to the Act and Rules. They should not contradict any of the above.
Copies of the registered By-laws should be acquired by each member of the society so that they are conversant with each provision there-in. This can be through suitable arrangement with the society officials.
The by-laws binds only members of the respective co-operative society. They bind all members irrespective of when they joined the society. They should therefore be obeyed by all members and be observed by the society officials in the conduct of all business of the society.
Government Policies/Commissioners Circulars 
The government issues policy circulars from time to time. Such circulars are normally issued by the Commissioner for Co-operative Development and are meant to be implemented and their purpose is to assist in the growth and development of the societies, and in the administration of the provisions of the Act and rules.
General Meeting Resolutions
General Meeting ResolutionsMembers do pass resolutions in general meetings. These resolutions, as long as they are passed in validly convened and conducted general meetings and do not contradict any of the By-laws of the society, form part of the society’s internal rules and regulations. Once the resolutions have been passed by the required majority, they bind all members whether they were present or not, and whether they voted in favor of the resolution or not.
Any resolution passed  in a general meeting should have a proposer and a seconder. Where there is division, the issue should be decided by vote and the majority vote is recognized. Resolutions passed in a general meeting should not contravene any provisions in the Act, Rules and the society By-laws. However a special resolutions requires 2/3 majority of the members present and voting at duly convened general meeting.