In my previous posts, I discuss how traditional businesses and cooperatives diverge from a capital (and return on capital) point-of-view. Another common misconception is that cooperatives function like nonprofits, typically from the perspective of governance structure. They don’t. Cooperatives are businesses, and, as such, business principles and governance, and business governing structure apply to them. …
Thoughts from a new economies’ attorney: patterns that create different kinds of (business) ownership – cooperative capital
In my last post, I talked about how capital looks like in a traditional business. As a recap, traditionally, capital is invested in the business with a goal of extracting profits and controlling how the business is done – the more money an investor (owner or shareholder) puts in the business, (i) the more return …
Thoughts from a new economies’ attorney: patterns that create different kinds of (business) ownership – traditional capital investment
If you are reading this post, chances are you are an innovator, you are looking for guidance on alternative business forms, you run or are part of a mission-driven organization, you are considering adopting democratic governance models in your business or nonprofit, or some combination of those. I have to alert you that this is …
Mandatory Business Owner Reporting
The federal government has passed some new legislation that will require small businesses to report personal information about the business’s owners to a database controlled by the Securities Exchange Commission. The legislation is called the Corporate Transparency Act (the “Act”), adopted as Title LXIV (64) of the 2021 National Defense Authorization Act. The purpose of …
Cooperative Equity Capital, Income and Patronage: How They Work Together
Cooperatives have three areas of accounting that need to be understood by their members as the cooperatives are formed and as they are operated. Cooperatives obtain and track equity capital, usually through the members. As a business entity, the cooperative generates income through the products its sells or the services it provides to clients and …
Updates to PPP under the Economic Aid Act
The Economic Aid Act, passed on December 27th, 2020, expanded the Paycheck Protection Program created by the CARES Act. The Economic Aid Act authorized $284 billion in new funds for first draw and second draw funds of PPP. The Small Business Administration (SBA) and U.S. Treasury have issued new guidance on how the changes will …
Voting Structures for Businesses
All corporations and cooperatives have some sort of democratic model for decision making. There are two major voting structures for all businesses. The first: “one share, one vote;” means that an investor gets one vote for each share of a company they own. The second: “one member, one vote;” means that each cooperative member or …
Colorado adds New Law to Ratify Defective Corporate Actions
In March, Governor Polis signed a bill that codifies procedures for ratifying defective corporate actions into Colorado Law. Ratification statutes allow boards of directors to affirm corporate actions that were defective in some way. This type of statute has become a trend in state-level corporate law and brings Colorado in step with Delaware and many …
Capital Basics: Five Categories of Financing
The Jason Wiener, p.c. blog has a significant and growing section on raising capital for a business. This post will go back to the basics and briefly describe the five categories of financing: debt, equity, convertible debt, grants, and rewards-based fundraising. Most types of fundraising fall within one or more of these areas. Debt: Debt …
Use of the term “Cooperative”
Edited June 26th, 2020: An earlier version of this blog post implied that only organizations incorporated as cooperatives under Massachusetts law may use the word “cooperative.” This post has been edited to accurately reflect that other businesses may use the term if they distribute earnings consistent with cooperative law. Entity formation is often the first …
