Private Property Sign

What form of Legal Property for COOPERACTIVE ASSET?

The Spirit of the Ownership of COOPERACTIVE PROPERTY is as follows:
“COOPERACTIVE ASSETS PROPERTY belongs to its Actors”.

So, all that remains is to define what a COOPERACTIVE ASSET Actor is.

A COOPERACTIVE ASSETS Actor is a person who is:

  • Participates in the creation of the COOPERACTIVE ASSET
  • Participates in the Creation of Resources produced by the COOPERACTIVE ASSET
  • Contribute to the preservation of the Production capacities of the COOPERATIVE ASSET
  • Use this COOPERACTIVE ASSET
    • Yes, even users of Cooperactive Assets are also creators! Consider, for example, the use of a huge 3D printer that can create a house. The Printer is in itself a COOPERACTIVE ASSET. But the one who uses it also creates something, in this case his/her house.

It is obviously possible for a person to act on his 4 levels, either at once, in part or successively.

Now it is necessary to define how these people, these actors, can be grouped in a Legal structure.

To begin with, by contrast, it is necessary to set a limitation in the Legal Entities of groupings. Private Companies of Shareholders (Multiple or single) must NOT be part of a part [and even less of the totality:-) ] of a COOPERACTIVE ASSET PROPERTY.

In the end, the real and sole holders of COOPERACTIVE ASSETS PROPERTY are individuals, persons, Citizens who are Actors (See above) of the COOPERACTIVE ASSET. There is no longer any notion of Shareholders

We then find ourselves in four possible scenarios. Either:

  1. The COOPERACTIVE ASSET is a grouping of individuals, or families, linked together in the form of an agreement or contract without any other form of collective legal organization. This is most often the case of the “historical” type of Commons Property, which has existed for centuries and is part of local traditions and customs.
  2. The COOPERACTIVE ASSET is a formal collective legal organization. This organization represents the grouping of persons in the legal and declared form of an Association, Cooperative, Foundation, corresponding to the legal standards in force at the time of creation.
  3. COOPERACTIVE PROPERTIES belong to the legal entities that represent Citizens, namely in priority for the local, Communes or agglomerations of Communes, and for the National level, the State. It is currently the most practical, and most democratic, way to quickly set up COOPERACTIVE ASSET.
  4. COOPERACTIVE ASSET Property is in a new Legal Form of Ownership which is specific to it. This does not exist at the time of writing. But it must come into being as other legal forms of “companies”, in France and elsewhere, have gradually been invented. (Who will be the first country to recognize this value and its potential by creating this legal form 😉 ?) It is up to us to act!)
    1. The double KEY of understanding and structuring COOPERACTIVE ASSET is the change of perspective on the Ownership of the Means of Production and on the remuneration of the real actors in the creation of a Company’s wealth.
    2. This new specific and appropriate legal form will therefore be based on one integration and two exclusions.
      1. The integration of the fair valuation of the contributions of “OPERATORS”. Operators are those persons who, at a given time, have worked physically, intellectually or through the time spent, to create the COOPERACTIVE PROPERTY, and/or to preserve it; and/or to create the Resources produced by the COOPERACTIVE ASSET. These are the first 3 cases of the actors of a COOPERACTIVE ASSET (See above). They are the real creators of wealth in a collective action; Who are they? What are their roles?
        1. First are the Designers. They are the ones who imagine, more or less precisely, the products or services of a Company. They can be engineers, designers, marketing people and of course creators, founders, initiators of the COOPERACTIVE ASSET.
        2. Producers” who are those who create,produce, the Good or Service.
        3. The Maintainers are those who are in charge of the maintenance of the Means of Production.
        4. Sellers are those who participate in the distribution of the Product or Service. In a COOPERACTIVE ASSET, where the approach is not Capitalist or Neo-Liberal, the importance of this role should be less important.
      2. The first exclusion, as a reminder (see above) is the possibility of private ownership of the Means of Production. In a genuine [Beware of imitations and counterfeits:-) ] COOPERACTIVE ASSET, in no event may a Private Commercial for-profit and/or Shareholder-based structure hold part or, even less, all of the ownership of a COOPERACTIVE ASSET.
      3. the second exclusion is that in no case can the ownership of the Means of Production give rise to remuneration in the form of dividends from these same means of Production. The “rental” or “use” of these means of Production is based on the actual and ‘real’ costs of maintaining, and/or repaying the loans necessary to purchase these means of Production, and/or financing the future means of Production that will replace those in progress. Of course, the spirit of this ‘rent’ could be diverted by an over valuation of maintenance costs, by obscure arrangements of costs associated with loans, by interest rates outside the real level of the market. This will be part of the necessary and constant vigilance to be applied when setting up and operating each COOPERATIVE ASSET. It is a mission that each actor of COOPERACTIVE ASSET must take on to ensure that the spirit of COOPERACTIVE ASSETS is not diverted.

In addition, COOPERACTIVE ASSET may be “held” by alliances, temporary or definitive, between several of these forms of Property. Only the first, through its structure of a private contract or moral commitment (pact) is technically more difficult to integrate in combinations with other legal forms of ownership. But this is still possible.

Here is the first simplified scheme [Understand incomplete:-)] of Knowledge Models on the structuring of the means of creation/Production in a COOPERACTIVE ASSET.

KNOWLEDGE MODEL MENTAL map

Warning: If you click on a “Bubble” comment (Yellow dot), the drawing display disappears 🙁
You need to go back in the Navigator history to return to the map display. It’s a Bug, a feature!

At the time of writing this Knowledge Model, this Triptych is valid for all types of existing COOPERATIVE PROPERTY.
On the one hand because the 5 Types of “Operators” are found in all possible sectors of COOPERACTIVE ASSET.
But also because the definition of the Means of Production is, voluntarily, left very broad, because in the end all the means of Production are only types of Equipment in the broad meaning of the term. We do not need a more precise definition to date. Because this clarification would not be relevant. If we take this way, to illustrate this notion of Means of Production, 3 very different types of COOPERACTIVE ASSETS, we have for a COOPERACTIVE ASSET:
– of the Natural type (Fisheries) of the means of production of the boats, nets, sheds, fish processing machines, packaging machines
– Type UBER©, mainly a car, owned by the taxi driver [We can imagine a COOPERATIVE ASSET of this type where taxis belong to the Legal Structure of the same COOPERATIVE ASSET. But let us remember that COOPERACTIVE ASSETS are there to exalt and exhort each of us by being the creator of our activities. This implies that this type of Property must be able to choose its vehicle to operate its activity within the framework of this Property. And to be fully responsible for the maintenance and longevity of this vehicle, if only for ecological reasons of durability] – of the IT type where the Means of Production are mainly Servers and PCs. Means of Production which, moreover, can be rented, at market price, without any financial arrangement of convenience, to private actors or to other COOPERACTIVE ASSETS [ 😉 ]. This is to ensure the best possible efficiency of services.

We can see that the precision on this element of the Knowledge Model does not bring any interest and that it is better to leave it at a broad and flexible level of definition.

This is also the case for the notion of CONSUMABLE which also does not need to be further clarified.

On the other hand, the precision on the identification of Operators is essential to be able to define in a fair and adapted way the “Creators” working in a COOPERATIVE ASSET. Because as the Spirit of COOPERACTIVE ASSET seeks to ensure that each participant is paid as fairly as possible, the detection of all actors is essential for the successful deployment of COOPERACTIVE ASSET.

Philippe AGRIPNIDIS

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