In short
When a cooperative due goes to enforcement, the basis is the organ's decision that gave rise to the due, or the ledger line entered against the member. A site-due decision does not stand in for these two documents. A tariff that is not written in the decision and on the line is not added. This note answers whether the decision or the ledger is read. The opening of a proceeding with a judgment, the general split between a proceeding with a judgment and one without, and the general enforcement of an employment claim are not built here.
If the two documents conflict, the creditor does not close the conflict with a tariff. A conflict that is closed gives rise to a price that is not on the file. Whichever paper the proceeding rests on, that paper is the one that is read.
The member and the period the organ's decision binds
If the general assembly, or the organ the articles of association authorised, wrote the due as a period and an item, the basis is that decision. If the decision only says let the due be collected, and does not show the period, the member, or the item, the incomplete sentence is not completed with a tariff. If the text of the decision is not on the file, the request is not written as if there were a decision. The first page of the minutes of the meeting does not take the place of the sentence of the decision. The attendance list is not put in place of the decision either, if the sentence of the due was not built.
The decision may have written the same item for all the members. If it has, the member who is asked for is within the scope of that decision. If the decision bound only a particular group, block, or period, a member outside the scope is not asked for with this decision. The creditor does not write everyone who was at the general assembly as a debtor if the decision does not count them. The capacity of membership is read from the record on the date of the decision. The position of a person who left membership after the decision is whatever the decision and the ledger write. If the leaving is not in the text of the decision, it is not added from this note.
An organ's decision is not a court judgment. A cover is not looked for. The text that is looked for is the decision itself. Which organ took the decision is read from the heading. If the articles of association did not authorise that organ, an unauthorised heading is not completed as a decision on the due. If the sentence of authority is not on the file, authority is not assumed.
To whom the ledger line was entered
If the ledger line entered a price against a particular member and a period, that line is read. If the line does not show the member, another member's debt is not written onto this file. If the member number and the name do not match, the creditor does not build the match by a similarity of title. If the decision and the line do not show the same period, the creditor does not choose the period. The choice erases one of the two documents. Which document was presented as the basis in the annex of the request for enforcement is read from the annex. If there is no annex, a basis is not assumed.
The price on the line is what is written on the line. This note does not produce a price. If there is more than one line in the ledger, the period and the item of each line are read apart. The creditor does not add the lines up and build a balance that is not in the decision. The total is read only if there is the ledger's own total line, or a sentence of the decision that permits the adding up. If there is no permission, the total does not arise from the creditor's schedule.
If the debtor sees on the file a line that does not belong to them, they separate it by the member number. Separating is not disregarding the whole ledger. If the line entered against them stands, that line is read separately. The payment slip should write which line it was deducted from. If it does not write it, the deduction is looked for from the entry line in the ledger. If there is no counterpart, a single receipt is not treated as having closed all the periods.
The entrance share is not the periodic due
The entrance share, the capital subscription, and the periodic due are not the same line. Whichever is asked for, the decision or the ledger should carry the name of that item. The entrance share is an obligation written once. The periodic due is a separate item that spreads over the periods the decision shows. The capital subscription is another line relating to the membership share. The creditor does not melt the three under the heading of the member's debt. A heading that is melted erases which item is asked for.
If the decision bound only the entrance share, the periodic due does not come out of this decision. If the ledger entered only one period's due, the earlier periods are not derived from that line. Deriving is writing a tariff that is not on the file. If there is an annex of a tariff, it is asked which decision the tariff rests on. A tariff whose basis is not shown does not stand in for the decision. The general sentence of the due in the articles of association does not, on its own, become an enforcement item either, if the period and the item are not written. The general sentence does not complete the concrete line the organ's decision built. If there is no concrete line, the general sentence does not produce a price.
A site decision does not enter this file
A decision of the condominium owners' board, and a site-management due, are not the due of a member of the cooperative. The site decision is not put in place of the cooperative ledger line. The sentence of the due in the management plan does not complete the cooperative organ's decision. If both a site relationship and a cooperative relationship stand on the same immovable, the two decisions are placed side by side. Which one is asked for is read from the capacity of the debtor in the request for enforcement. If the request asks for the person as a condominium owner, the cooperative ledger is not the basis. If the request asks for the person as a member, the due schedule of the site decision is not stapled onto this file.
Wages or severance owed to a worker of the cooperative are not the member's due either. That enforcement sits on the enforcement of an employment claim page. A judgment for employment does not open the member's current account. A price the cooperative owes a contractor is not a line of the member's due either. The contractor's contract does not stand in for the organ's decision. The member does not take a payment made to the contractor for the place where their own due closed. The payment stands in the item it went to, and to whom it went.
The judgment and the minutes are a separate basis
If the due was tied to a court judgment, the text that is read is the judgment. The organ's decision and the ledger do not change the operative part of the judgment. If the operative part wrote a particular period, the request is limited to that period. The opening sits on the how a proceeding with a judgment is started page. The decision and the ledger are not the cover of a judgment. The general choice of route sits on the difference between a proceeding with a judgment and one without page. If there is no judgment, the organ's decision or the ledger line is not presented as the cover of a proceeding with a judgment.
If the due closed in mediation, the basis sits on the enforcement of mediation minutes page. The minutes do not themselves give rise to the ledger line. A line that did not arise does not stand in for the decision either. If the minutes closed a particular period, the period that closed is not joined with the period that stayed open. The open period is asked for only if it stands on its own decision or ledger line.
There is a contact record for reading the decision and the ledger together. The record does not write a tariff that is not on the file. Reading together is not erasing one of two conflicting documents.
The members' ledger and the dues ledger may not be the same ledger. The members' ledger writes whether the person is a member. The dues ledger writes the item entered against that member. If the creditor shows only the name in the members' ledger and does not put the due line, the item does not arise. If the due line was entered against a person whose name is not in the members' ledger, and the capacity of membership is not on another paper, this entry is not completed. If the two ledgers conflict, the creditor does not choose the conflict in their own favour.
If there are two cooperatives that carry the same name, the title in the heading of the decision should match the creditor in the request for enforcement. A title that does not match does not bind the debtor member. If the cooperative merged, or the title changed, the change is read if it stands in the register record or in the text of the decision. If there is no record, the old title does not itself pass in place of the new title. The heir's capacity of membership enters this file only if the ledger or the decision writes the heir. The deceased's line is not treated as having itself passed to the heir.
A notice the board of directors wrote is not an organ's decision. The notice can announce the debt to the member. The announcement does not give rise to a price the authorised organ did not build. If there is no decision in the annex of the notice, the notice is not, on its own, the basis. If the decision in the annex writes another period, the period in the notice does not change the period of the decision.
If the member says they paid the due in someone else's name, the name on the payment slip and the deduction line in the ledger show this. If the slip was entered against another member's number, the line of this file is not treated as closed. If the number that was entered and the member in the proceeding are not the same, the creditor does not join the numbers. A joined number produces a collection that is not in the ledger.
Conclusion
The basis of enforcement of a cooperative due is the organ's decision or the member's ledger line. If the two documents do not show the same period, the period is not chosen. The entrance share, the capital subscription, and the periodic due are separate names. A site due is not one of these documents. If the tariff is not on the file, it is not added. The frame sits on the enforcement and bankruptcy law page. The official basis is the text of the Cooperatives Code No. 1163 and the Enforcement and Bankruptcy Code No. 2004.