On the non-call for honorary members and the obligation of secret voting at general meetings of cooperatives: commentary on the Coimbra Court of Appeal ruling of march 19 ,2019

Abstract

(I) it is highly debatable that the rule of company law which prescribes the nullity of resolutions approved at a meeting for which not all shareholders have been convened should apply to the convening of honorary members of cooperatives, when such members exist; (ii) vote secrecy, which is mandatory for the election of members of cooperative bodies and for “matters of personal incidence of cooperators”, should apply to resolutions in which the qualities or behaviour of cooperators is assessed for the purpose of disciplinary or civil proceedings, removal, or application of legal and statutory sanctions, whether or not they sit on cooperative bodies.