THE ADMISSION FEE AND THE PRINCIPLE OF VOLUNTARY AND OPEN MEMBERSHIP COMMENTS ON THE JUDGEMENT DELIVERED BY GUIMARÃES COURT OF APPEAL ON THE 25 TH MARCH 2016

Abstract

The current paper comments the ruling delivered by the Guimarães Court of Appeal, on the 25th march 2016. This ruling addresses the question whether a statutory rule which provides for the payment of an admission fee for the new members disproportionate to the subscription value of the capital contributions, violates the cooperative principle of voluntary and open membership. The Judgment of the Court of Appeal of Guimarães adequately frames this question, considering this statutory provision null, for violation of mandatory legal precepts. We believe, however, that among these legal precepts should have included art. 80 of CCoop, given that we are faced with a covert conversion of the cooperative into a commercial company