The formation and technical elaboration of the bylaws of a cooperative in the light of Law 5.764/71

Abstract

This article offers a detailed analysis of the legal and technical aspects in the creation of a charter for cooperatives in Brazil, according to Law 5.764/71. It essentially uses the law of reference and makes a descriptive and exploratory critical analysis and also based on personal experience, as well as using bibliographic procedures. The drafting of a bylaw involves considering several essential components to ensure the proper functioning of the cooperative. The main chapters include the definition of the general meeting, boards of directors and fiscal council, share capital, administrative structure, balance sheet and general and transitional provisions. Each chapter addresses essential aspects such as the area of operation, duration, fiscal year, members and object of the cooperative. The article also highlights the importance of following a logical and hierarchical sequence in the drafting of the bylaws, according to legal guidelines established by Complementary Law No. 95/1998. In addition, it emphasizes the need for the statute to respect the principles of full defense and adversarial proceedings, especially in the processes of elimination and exclusion of members. Drafting a bylaw requires thorough technical work and must be carried out by professionals with legal knowledge and experience in the area. The main objective is to ensure that all legal aspects are contemplated to avoid future litigation and ensure the proper functioning of the cooperative. At the end, there is an overview of the critical aspects in the drafting of bylaws for cooperatives, highlighting the importance of strictly following the legal and technical requirements to ensure the effective and democratic functioning of a cooperative.