FREQUENTLY ASKED
QUESTIONS
<Q> What Acts does the Department of Co-operative and Friendly Societies
administers?
<A>
The
Department has the responsibility of
administering the
Co-operative Societies
Act of 1950 and the
Friendly Societies
Act of 1966.
<Q> What type of Societies can be registered under
these two Acts?
<A>
Co-operative Societies
are registered under the Co-operative
Societies Act. However there are three (3) types of Societies that can be
registered under the Friendly Societies
Act:
Friendly Societies,
Benevolent
Societies; and
Specially Authorized Societies.
<Q>
What are Co-operatives?
<A> Co-operatives are autonomous association of
people, usually of limited means, who join together on a
voluntary basis to achieve a common objective. This
objective may be to market products, to purchase supplies or
to provide services such as housing, credit union, and
thrift to name a free. To achieve this objective the people form a
business organization, which is democratically controlled
through which they pool their skills and resources.
<Q> How many persons are necessary to start a Co-operative
and what are the requirements?
<A> The minimum number of
persons required to form a Co-operative is ten (10).
More»»
<Q> What are the Principles and Features of
Co-operatives?
<A> The main purpose of a Co-operative is to provide
goods and services to its members/users at a minimum cost;
while
maximize the net and real income of the members/users.
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<Q> What is the minimum financial requirement for
the establishment of a Credit Union?
<A> A minimum capital base sufficient to generate revenue to
meet at least the following expenses: accommodation,
audit fees, utilities, stationary, security, salary and and
related costs.
<Q> What returns should be submitted to the
Department Annually?
<A> Societies registered under the...
Friendly Societies Act: Annual Return,
Return of Members and Investment, Quinquennial Valuation and Financial Records for
audit.
Co-operative Societies: Members
share listing, quarterly financial reports and records for
audit/independent Auditor's report
<Q> When was the first Co-operative registered in
Jamaica?
<A> On November 3, 1950, Nathan's Staff Co-operative Credit
Union Limited was registered as the first Co-operative
Society in Jamaica.
<Q> Can the word "Co-operative" or "Credit
Union" be used in the title of a business or company?
<A> Only registered Societies may
use the word "Co-operative", "Co-operation" or any
abbreviation or the word "Credit Union" of Credit Unions" or
any abbreviation in their title. Any person found
guilty can be punishable by Law (Section 58 of the Co-operatives
Societies Acts).
<Q> What are Friendly,
Benevolent and Specially Authorized Societies?
<A These are Societies geared at providing
assistance to members, their relatives and dependents during
sickness, old age or on becoming a widow or orphan and
community development respectively .
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<Q> What are the
requirements for registering a group under the Friendly
Societies Act?
<A> The minimum number of
persons required to obtain registration under the Friendly
Societies Act is twenty-one (21).
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<Q>
What is an Inaugural
General Meeting?
<A> This is the first General Meeting after the
Society obtains its registration. It is important as
it allows the members to elect individuals to sit on the
various Committees of the Society, especially the Committee
of Management. The elected Committee of Management is
required to meet within ten(10) days after the Inaugural
General Meeting to elect its officers and is required to
submit a list of the names, addresses, positions and
telephone numbers of all members of the Committee of
Management along with the other committees' Chairmen to the Registrar of Co-operative Societies &
Friendly Societies.
<Q> How to plan for the
Inaugural General Meeting?
<A> At least one (1) month after the registration of
the Society, the Steering Committee should meet and begin to
plan the Inaugural General Meeting. Paramount of which is
the selection of the Nominating Committee, venue and
proposed date of meeting. The Department may be contacted
for a clear guideline to planning the meeting.
<Q> Is a representative of
the Department required to be present at every Annual
General Meeting (AGM) including the Inaugural General Meeting?
Yes. This is so because the Department’s representative is
to ensure that Societies' AGM are conducted in accordance
with the Society’s Rules and the respective Act. They are to
ensure that the following are observed:-
<Q> What if a
representative of the Department was not present and the
election was conducted improperly? What are the avenue(s)
for correction?
On the advice of the Department the C.O.M / B.O.D must call
a Special General Meeting to address the situation.
Q> What is Arbitration?
<A> The Co-operative and the
Friendly Societies Laws makes provision for cases of
disputes involving Societies, their Committees, officers, members
(past, present and
deceased) and their
beneficiary to be referred to the Registrar. It is a process
by which the parties in a dispute submit their differences
to the judgement of an impartial person or group, selected by
mutual consent or the majority opinion.
<Q>
What are the disputes that may
usually be referred to the Registrar for Arbitration?
<A> Only those dispute
where both parties are members of the Co-operative's or
Friendly Society's "family"
may be referred to the the Registrar. That is where
disputes arises:
i. Among members, past
members and beneficiary of members, past members and
deceased members;
ii. Between members, past members and beneficiary of
members, past members and deceased members and the Society,
its committee or any officer of the Society;
iii. Between the Society and its committee or any officer of
the Society;
iv. Between two registered Co-operative Societies or two
registered Friendly Societies.
<Q>
Who can request an Arbitration?
<A> Arbitration by be
reference by any of the following :-
i. The Board
ii. The Society in accordance with a Minute of the General
Meeting
iii. Any party to the dispute
iv. Any member (past,
present and deceased or their beneficiary), where the
dispute concern a member (past, present and deceased or
their beneficiary) of the Board and the society
<Q> How does one initiate
an Arbitration?
<A> Arbitration by be
reference by any of the above individual in writing.
It shall:-
i. be dated
ii. specify dispute
iii. give full particulars
iv. state the name
of the arbitrator(s) of your choose, which may be selected
from the Panel of
Arbitrator or the aggrieved party may request that the
Registrar make the selection.
v. be signed
<Q> What is the
Arbitration Process?
<A> 1. The Registrar
on the receipt of a reference will then refer it for
disposal to an arbitrator(s). This shall be in writing
and shall:-
i. Give name, address and
occupation of Arbitrator
ii. Detail dispute
iii. Limit on the time for making the award. The
Registrar has the power to vary the time limit at his
discretion;
2. The registrar may refer the dispute to one (1)
arbitrator or three (3) arbitrators. One appointed by each
party
and the third by
the Registrar. The majority opinion prevails.
3. As far as possible
proceedings before Arbitrators should follow the pattern of
proceeding before the Court.
The main provisions are: -(a) Proceed as Court:-
i. ten (10) days’ notice
ii. evidence recorded and signed
iii. documents dated, initialed and attached to file
iv. party failing to attend the dispute may be decided by
Arbitrators ex parte
4. Award shall be
i. be in writing
ii. be dated and signed by Arbitrator (s)
iii. state an amount and allocations of costs
iii on completion send to
Registrar with the proceeding file
(if however there
are no appeal or an appeal is abandoned or withdrawn the
arbitrator(s) decision is final)
4. Appeals
i. be made in writing
within my any party not in agreement with the award of the
arbitrator(s)
ii. be made to the Registrar within fourteen (14) days
iii. shall state an amount and
allocations of costs
iii Registrar's decision is
final and cannot be referred to any civil court.
iv. The award is enforced as
RM's judgement
<Q> How can a Society
be dissolved/cancelled?
<A> A society may be
dissolved in one of three ways. If ...
i. After carrying out an
inquiry or making an inspection under Section 40 of the
Co-operative Scotties Act or Section 56 under the Friendly Societies Act the Registrar may
cancel the registration of a Society.
ii. Three-quarter (3/4) of the
members of the Society may request its dissolution.
ii. At any time it is
proved that the number of members has been reduced to lese
than ten for Co-operatives and less than
twenty one (21) for Friendly Societies the Registrar may
cancel the registration of any society .
<Q> What is the
difference between a Credit Union and a Thrift Society?
<A> While both types of
Societies are a form of depository for primarily consumer
savings (and may offer loans), they present
different advantages and weaknesses
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<Q> What if the Society is
in need of institutional strengthen such as training (e.g.
accounting, strategic management, budgeting, auditing, etc)
or policy development (e.g. Internal Operations Policies,
Employment Policies & Related Issues, Reserve Policy,
Reporting Policy, etc.)?
The Department may assist the Society in providing a wide
range of training programmes and Policies. One may even be
custom developed to suit the Society’s. This may be provided
at minimal or no cost to the Society. If the Department is
unable to assist the Society, attempts will be made to
direct them to the appropriate entity.
Still in the dark? For additional information on
Co-operatives and Friendly Societies please visit or
contact the Department
or follow this link for other
information of the law or to ask Mr. Co-opman.
Last Updated: December 20, 2007