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Legal & Taxation Issues

Articles of Incorporation, Bylaws, and Member Agreements

The Articles of Incorporation legally establish the cooperative organization as specified by state statute. A comprehensive set of bylaws provides a solid foundation for cooperative governance and administration into the future.

Articles of Incorporation for Cooperatives, including a Sample Outline -- from How to Start a Cooperative USDA CIR 7

Sample Legal Documents for Cooperatives USDA Cooperative Information Report 40

State of Wisconsin Incorporation Forms

Bylaws and Member Agreements

A comprehensive set of bylaws provides a solid foundation for cooperative governance and administration into the future.

Guidelines for Cooperative Bylaws -- developed by the University of Wisconsin Center for Cooperatives

Bylaws for Cooperatives, including a Sample Outline -- from How to Start a Cooperative
USDA CIR 7

Membership Applications for Cooperatives, including a Sample Outline -- from How to Start a Cooperative USDA CIR 7

Sample Legal Documents for Cooperatives USDA Cooperative Information Report 40

Other - Legal

Solidarity as a Business Model: A Multi-Stakeholder Cooperatives Manual  
Cooperative Development Center@Kent State University

Table: Comparison of Wisconsin Statute 185 - Cooperatives and Statute 193 - Wisconsin Cooperative Associations Act, UWCC Fact Sheet

Legal Manual for Small Rural Home Cooperatives
University of Wisconsin Center for Cooperatives, September 2005

Co-op Counsel's Corner: A Comparison Between Condominiums and Cooperatives
Originally published in Homestead Happenings, the Homestead Housing Center Newsletter - 4th Quarter 1996

Taxation

Cooperatives are subject to many of the same tax rules as other businesses, but there are specific tax benefits to businesses operating on a cooperative basis.

Antitrust Status of Farmer Cooperatives: The Story of the Capper-Volstead Act  USDA CIR 59 

Income Tax Treatment of Cooperatives  USDA CIR 45, Sec 8

Income Tax Treatment of Cooperatives: Background  USDA CIR 44, part 1

Income Tax Treatment of Cooperatives: Distribution, Retains, Redemptions, and Patrons' Taxation USDA CIR 44, part 2

Income Tax Treatment of Cooperatives: Internal Revenue Code Section 521
USDA CIR 44, part 3

Income Tax Treatment of Cooperatives: Handling of Losses  USDA CIR 44, part 4

Income Tax Treatment of Cooperatives: Patronage Refunds  USDA CIR 44, part 5

Other -- Tax

The Cooperative Accountant  National Society of Accountants for Cooperatives

NCERA-194 Research on Cooperatives - Publications

UWCC Archives