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                 The role of cooperative financial institutions in the global
                 financial market with the example of cooperative savings
                 and credit unions (spółdzielcze kasy oszczędnościowo-kredytowe)
                 and cooperative banks in Poland

                 Anna ZALCEWICZ1




                 Introduction2
                 The tradition of cooperative financial institutions in Poland goes back to the nineteenth
                 century, when the first so-called loan associations and savings banks were created wthin
                 the territory of Poland. Under the influence of the formation and evolution of modern
                 organizational and legal frameworks during the interwar period, credit cooperatives and
                 so-called municipal savings banks began to operate. However, their development was
                 interrupted by World War II, and after the war, by the change of regime to the socialist
                 system. The return to the market economy has allowed for the formation and functioning
                 of cooperative institutions under new a legal-economic formula.

                 Currently in Poland, there are two types of cooperative financial institutions: cooperative
                 banks (BS); and cooperative savings and credit unions (SKOK3). Both play an important
                 role in the Polish financial market, although their duties, the legal basis of their
                 functioning, and their organization, are not identical.

                 It is worth noting that Polish financial cooperatives – although regulated independently
                 by the Polish Legislator – have a common origin with other such institutions in different
                 countries of the world, emerging from nineteenth-century institutions created for self-
                 help in financial support (e.g. Schulze-Delitzsch’s cooperatives and Raiffeisen’s
                 cooperatives). Furthermore, today these organizations are a part of a global cooperative
                 trend, and the transnational experience and regulations have a heavily influenced the
                 shape, tasks performed, or the functionality of the cooperatives in Poland. Therefore,
                 seeing them through the domestic prism, they can be simultaneously considered as
                 examples of cooperatives in the global market. The indicator of global cooperative
                 activity is not only their transnational activity, but also the local domestic markets as a
                 whole, which constitutes a contemporary global financial market.

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                 Cooperative banks (BS)
                 The legal basis of activity and organization of the cooperative banking sector
                 Cooperative banks have been operating in Poland for more than a hundred years and
                 are the largest group of banks operating in the country.4 Currently, the essential
                 regulatory framework for their activities are determined in: The Banking Act of 29,
                 August 1997 (consolidated text: Dz.U. 2002  No. 72, item 665 as amended), The Act on
                 the Operations of Cooperative Banks, Their Affiliation, and Affiliating Banks of 7,
                 December 2000 (Dz.U. 2000 No. 119 item 1252 as amended) and The Cooperative Act
                 of 16, September 1982 (consolidated text: Dz.U. 2003 No. 188, item1848 as amended).
                 The cooperative banking sector in Poland is now organized into two tiers. BS operate on
                 a local level and are affiliated with the so-called affiliating banks, while affiliating banks
                 operate on a country-wide level as joint stock companies. Depending on the size of a
                 cooperative bank's own funds, affiliation is either obligatory or optional. The law states
                 that those BS whose own funds are less than EUR 5,000,000, must be affiliated with one
                 of the functioning affiliations. Since the introduction of the two-tier structure in 2000,
                 the number of affiliating banks, and thus the number of affiliations has fallen from twelve
                 to two in twelve years. Currently, Poland's largest affiliation of cooperative banks is the
                 BPS Group, for which the affiliating bank is Bank Polskiej Spółdzielczości S.A., that
                 groups together 366 BS – it also cooperates with the Cracow Cooperative Bank and the
                 Cooperative Bank in Oława. The second affiliation is Spółdzielcza Grupa Bankowa
                 whose affiliating bank SGB-Bank SA, and has more than 200 BS affiliated.
                 It should also be mentioned that, in accordance with the requirements of EU law in
                 Poland, BS in the form of European Cooperative Societies (SCE) function according to
                 the above-mentioned regulations along with the following provisions: Council Regulation
                 (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society
                 (SCE) (OJ L 207, 18.8.2003, p. 1–24) and The European Cooperative Society Act of 22
                 July 2006 (Dz.U. 2006 No. 149 item 1077). However, none of the BS have been
                 transformed into a SCE yet, due to a number of reasons, including: complex and multi-
                 level rules governing the activities of such cooperatives, the possibility for banks’
                 activities in other forms (branch, cross-border activities) outside of Poland, and the
                 essentially local nature of the Polish BS (Zalcewicz, 2008: 22).

                 Significant changes in the cooperative banking sector in the period 1992-2012
                 Following the adoption of the Banking Act of 1989, legal regulations applicable to the
                 market economy were introduced in the Polish banking system. This diametrically
                 changed the situation of all banks, including BS. Moreover, between 1989 and 1992, a
                 number of other regulations – together with the new economic conditions – led to severe

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                 financial difficulties, which these institutions had to face (Zalcewicz, 2009: 46-47). In
                 1992, the situation of cooperative banks significantly deteriorated and intervention of
                 the State authority became necessary. A Restructuring Act5 was passed to enable the
                 development of BS. It was supposed to allow the establishment of an economically
                 strong, three-tier cooperative banking sector (i.e. BS, regional banks and the nationwide
                 bank). Moreover, BS were given considerable financial support from the state such as
                 restructuring bonds and tax exemption.
                 An important agent of change was also the fact that Poland had been aspiring to join
                 the European Union (EU) in that time. In connection with the requirements of EU law, it
                 became necessary to increase BS funds. This goal was reached gradually, for instance,
                 on 31, December 2001, BS had a minimum of their own funds to the equivalent of EUR
                 300,000, which went up to EUR 500.000 by 31, December 2005 and up to EUR
                 1,000,000 by 31, December 2007. In the years from 1995 to 2000 – in conjunction with
                 the changes taking place – the number of BS decreased from 1663 to 680 (Zalcewicz,
                 2009: 61), of which 88 were due to insolvency.
                 In 2000 a new Act6 reformed the structure of the whole sector in a manner more tailored
                 both to the requirements of EU law and the needs of the BS themselves. This has enabled
                 the current development of BS; however, within the first two years of the Act being in
                 force, the number of BS decreased from 680 in 2000 to 605 in 2002 – with one case due
                 to insolvency – because of the need to fulfill the capital requirements. As of March 2012,
                 there are currently 573 BS, of which 68 banks have as their own funds of more than EUR
                 5 million; and 4 BS did not meet the required level of minimum funds of EUR 1 million
                 due to the considerable weakening of the Polish zloty beginning in September 2011. While
                 analyzing changes in the cooperative banking sector, chance should not be overlooked
                 when attempting to answer the question of the further development of such institutions.
                 This decrease in the number of BS is noticeable, for instance, not one new cooperative
                 bank has taken up business during the last 20 years which I likely primarily attributed
                 to: the normative restriction that founders of a cooperative bank must be natural
                 persons, the strict requirements for a bank’s establishment, and the lack of any benefits
                 for a cooperative bank’s founders. Additionally, the influx of new memebers to a BS can
                 cause membership fund loses, this in turn changes the structure of a BS’ own funds.
                 Polish law has brought about decreased motivation for BS membership, because
                 members do not enjoy any privileges. Moreover, BS suffer from long-term financial
                 problems and some reluctance to this form of business because of a historical legacy
                 from the previous regime that deemed BS as a relic and a burden. The latter was a
                 consequence of a general belief – until the recent crisis revealed the weakness of large
                 financial institutions (Zaleska, 2011: 40) – that the existence of large banks provides
                 safety and is generally desirable.

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                 However, thanks to the cooperators and Management Board of BS’ long-term
                 determination over the last four years, a change in the image of cooperative banks is
                 becoming more visible. Their favourable financial condition in times of global financial
                 crisis and their effort in creating strong links with the local community has resulted in
                 them being viewed as a stabilizer of the banking system; and nobody denies the necessity
                 of their existence. Instead, broader dispute is being taken over developing modern forms
                 of business and creating favorable legislation for them. Therefore, it seems that they are
                 a permanent element of the Polish banking system and their development will be based
                 on: increased cooperation with local government units, local communities, and local
                 businesses, but will not be associated with increasing the number of BS.

                 Cooperative bank as a local bank
                 A cooperative bank is cooperative, meaning that it connects profit and social activity in
                 its business. This is the result of decisions taken by a BS’ Board of Management, as Polish
                 law does not regulate any aspects of a BS’ pro-social activity.

                 BS are focused on being a local community’s bank. The reason for this is the territorial
                 restriction of their activity and the banks’ individual policies; whereas cooperative banks
                 pursue business nationwide, a single BS restricts its activity to municipal, district or
                 territorial sectors, and their branches are mainly located in villages or small towns. This
                 means that their main customers are small and medium enterprises, farmers, consumers
                 and local governments. BS are close to their customers and know them very well;
                 moreover, BS are the common property of many. These factors, together with a good
                 knowledge of local conditions, allow BS to adjust their offers to local needs, and
                 proximity to the bank’s head office allows for quick decisions in such cases as the credit
                 granting procedure. In addition, BS financially support various forms of community-based
                 initiatives, and taxes paid by a BS go to the municipal budget. This means that the BS are
                 seen as local and personal banks by the their community.

                 An important task undertaken by BS is also taking action to ensure access to banking
                 services for people experiencing financial exclusion. This is not only due to the location
                 of facilities in areas that are often beyond the interest of commercial banks, but also
                 due to attempts to target such groups of society, for example: offering accounts to
                 people with low and moderate incomes (Zalcewicz, 2012: 3; Żółtkowski, 2011: 63).
                 Research has shown that for ensuring financial integration, psychological factors such
                 as: an old-fashioned desire of interpersonal contact, the will to be served by someone,
                 a focus on one’s personal needs and the geographical proximity of BS are not without
                 importance (Lappeteläinen, 2010:18, 46).


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                 Spółdzielcze kasy oszczędnościowo-kredytowe (SKOK)
                 The legal basis of SKOK activity and organization
                 of the cooperative savings and credit union’s sector
                 A SKOK is not a bank, but a kind of institution named in Polish doctrine as a “parabank”
                 (quasi-bank). It may be said that the SKOK system fulfills a complementary and
                 substitutive role for the banking sector in the financial market in Poland.

                 The development of cooperative savings and credit unions in Poland began in 1992 when
                 the first SKOK was organized as a labor credit union that developed later into a network
                 of SKOKs each based on work, social or another kind of connection among their
                 members. Their growth dynamics are significant; in the first year of the SKOKs’ activity
                 their branches numbered 13, meanwhile, as of September 2011 the number of SKOKs
                 and their branches stood at 892. Furthermore, SKOK membership has grown from 14,000
                 in 1992 to 2,284,000 by September 2011 – nearly 6% of the Polish population.

                 The legal framework for SKOK activity is included in the Cooperative Law of 16
                 September 1982, and Act of 14 December 1995 on cooperative savings and credit unions
                 (Act of 1995, Dz. U. 1996 No 1 item 2). A new act to replace the Act of 1995 – the Act
                 of 5 November 2009 on cooperative savings and credit unions – is currently under
                 legislative process (Act of 2009). This new Act, will regulate the activities of credit unions
                 and is likely to come into force at the end of 2012.

                 SKOKs are currently an institutionally closed type of cooperative, pursuing non-profit
                 business in the interests of their members. The cooperative savings and credit unions’
                 system has two tiers. SKOKs function at a lower, local level, and the National Cooperative
                 Savings and Credit Union (KSKOK7) as the central institution, operates at the higher tier.
                 KSKOK is a form of co-operative, too. However, its members are all SKOKs with obligatory
                 membership.

                 The KSKOK exercises supervision and stabilizing functions (Document of the World Bank,
                 2010:18-19). Among other activities, KSKOK maintains the Stabilization Fund created by
                 the contributions paid by all the SKOKs’ and KSKOK’s profit. Funds collected in this
                 manner can be used to assist SKOKs with financial problems and thus prevent potential
                 insolvency.

                 Significant changes in the operation of SKOK in the period 1992-2012
                 With the change of the political and economic system and recognizing the importance
                 of self-help institutions, steps were taken in the early 1990s to reestablish the Polish
                 pre-war system of financial savings institutions (Golec, 2004: 13; Komisja Nadzoru

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                 Finansowego, 2008: 14). Initially, quasi-credit unions – then so called employee
                 assistance and loan funds – were established on a company basis due to the lack of a
                 relevant law for SKOK. 8 On the 14 December 1995, the Act on cooperative savings and
                 credit union was passed, which regulates the establishing and operation of SKOK to this
                 day. Pursuant to its provisions, some of the employee assistance and loan funds became
                 SKOK. At the end of 1996, one year later, SKOK with branches in Poland amounted to
                 168, with 138,000 SKOK members. The adoption of the Act on cooperative savings and
                 credit unions enabled a very dynamic development of SKOK, with 146 SKOK already
                 operating in the year 2000; and at the end of the year 2000, the number of SKOK with
                 branches in Poland amounted to 560 with 394,000 members. Initially created as small
                 entities, they have begun a process of enlargement in order to increase the diversification
                 of the sources of deposits and thus the SKOKs’ safety. There have been large SKOKs
                 established on the Polish market, which have a branch network throughout the country,
                 and which employ professionals in finance and offer a wide range of financial services
                 (Filipkowski, 2004: 25). However, small, single-branch SKOKs have also operated.
                 Further transformation of the sector caused the number of SKOK to decrease over the
                 following 10 years. This was a result of consolidation processes involving the taking
                 over of the smaller SKOKs by stronger entities. In 2010 the number of SKOKs was 59,
                 although the number of branches as compared to 2000 has increased, expanding to
                 1,851 entities with 2,177,000 members. Currently, in terms of the number of branches,
                 SKOKs have the largest network of customer services among all financial institutions
                 in Poland, offering banking services to the population. As of September 2011, 1,892
                 SKOKs had branches.

                 Rapid SKOK development has stimulated a discussion on the integration of the SKOK
                 system with the domestic banking system and the introduction of new regulations for
                 SKOKs. The necessity of preparing a new legal solution was a result of many other factors
                 as well. First, it is important to note that during its existence, the Act of 1995 was
                 amended many times, which resulted in a significant expansion of the territory and
                 banking services of SKOKs, and allowed the creation of large, strong SKOKs. In the
                 opinion of many authors and international institutions regarding the direction of changes
                 in the functioning of SKOKs, it has become desirable to extend supervision over the
                 financial market in Poland to SKOKs: namely, the Polish Financial Supervision Authority.
                 On the other hand, the literature notes that the volume of SKOK assets, perspectives of
                 SKOK development, and their similarity in both function and image to banks – especially
                 the cooperative banks – have become prerequisites to justify the need for a new
                 regulatory statute for their status and operations, with particular emphasis on the safety
                 of deposits (Szambelańczyk, 2009:2-3). Taking into account all of these postulates, new
                 legislation for SKOK establishment and operation was adopted in 2009.

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                 Since the entry into force of the new legislation, the scope of supervision over SKOKs
                 will increase. This supervision will cover all phases of SKOK activity from the process of
                 their formation including the authorization procedure to establish a SKOK, until the end
                 of a SKOK’s activities. Moreover, the Act of 2009 introduces a new section dedicated to
                 the supervisory principles for SKOKs and the KSKOK. The new SKOK activities formula is
                 a bit less obvious, because the new Act does not stipulate expressis verbis that the SKOK
                 is a non-profit institution.

                 It is also worth mentioning that initially, the possibility had been considered to transform
                 SKOKs in cooperative banks. The original bill prepared in 2009 contained a proposal for
                 two models of transformation: obligatory and optional. The obligatory procedure applied
                 when a SKOK’s own funds exceed the equivalent of 10 million EURO; while the optional
                 applied when the SKOK’s own funds exceed 1 million EURO. As it turned out, however,
                 the legislator withdrew from these legal solutions.

                 The question could be asked about the further development of SKOKs. It is in no doubt
                 that in a large part, this will be based on increasing membership numbers. Since its
                 inception, the development of the SKOK has been continuous and very dynamic. This
                 has been achieved by expanding the range of SKOKs’ financial services. At present, it is
                 difficult to determine without ambiguity, their future progress due to new legal solutions
                 planned to be entered into force. However, it seems that the SKOKs have found a formula
                 that allows the combination of financial efficiency and a socially minded character,
                 allowing them to develop further.

                 SKOK as a financial cooperative
                 A SKOK is a cooperative which collects funds only from its members, providing them
                 with loans and credit, servicing payment services and acting as an agent in insurance
                 contracts. Therefore, the premise of SKOK activities is their members crediting each other
                 from funds collected by them in SKOK.

                 The members of a SKOK in Poland can only be individuals linked by professional or
                 organizational connections, particularly those employed in one or more companies,
                 or a person belonging to the same social or professional organization. Legal provisions
                 therefore create conditions for the acquisition of the status of membership by a
                 person with a very formal bond. The Legislator does not define the territorial scope
                 of this organization’s operation and it is possible to be a SKOK member even after the
                 termination of this bond. This solution has been upheld in the Act of 2009 and the
                 Act broadens the customer-members’ circle of NGOs, churches and religious
                 organizations, organizational units with legal personality, cooperatives, trade unions
                 and homeowner associations.

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                 The law also governs the financial management of SKOKs, among other things, it
                 indicates that the funds that are not used for loans and SKOK members’ loans may be
                 invested with the utmost diligence:
                 I a) in bonds and other securities issued or guaranteed by the Treasury or the Polish
                    National Bank (Narodowy Bank Polski);
                 I b) as deposits, contributions or interest in the KSKOK;
                 I c) as deposits in banks up to the amount guaranteed by the Bank Guarantee Fund;
                 I d) in units of money market funds.

                 Therefore, the Legislator places restrictions on the disposal of capital accumulated by
                 the SKOK coming from its members.

                 Cooperative banks and SKOKs as cooperative institutions
                 of the Polish financial market
                 SKOKs and cooperative banks are cooperatives, which realize essential social and
                 economic functions on the Polish market.

                 Firstly, as socially minded institutions introduced to the market economy, an important
                 element is civic concern for individual members of society and their local communities.
                 This notion in itself, contributes to sustainable development. Their existence is an
                 expression of the implementation of the classical liberal idea of stressing the importance
                 of savings and access to capital as a key factor in the participation of all social classes
                 in the market economy. This is the common denominator of SKOK and BS activities,
                 although each of these institutions carries slightly different tasks, and products offered
                 by a SKOK may supplement a bank’s offer or compete with them (Galbarczyk, 2010: 355)
                 and vice versa. In the case of SKOKs, their different type of business aims at providing
                 financial services to the poorer population, meaning mainly very poor or low and middle
                 income individuals (Document of the World Bank, 2010:10-11), and prevents financial
                 exclusion, whereas BS contribute to increase the rate of banking services distribution to
                 the wider population in areas where no solely-for-profit banks target their interests due
                 to low profitability. This applies to both the territorial dimension, as well as to specific
                 social groups. It is worth noting that to a large extent, choosing to operate as a
                 cooperative, promotes social objectives in their business. This is not only the attitude of
                 the socially-minded character of such entities, but also the fact that – especially in the
                 case of BS – it is difficult to eliminate them by purchase from the market, therefore, BS
                 can function as community banks.

                 Secondly, these entities (SKOK, BS) have been important stabilizing features of the Polish
                 financial system. By analyzing SKOK and BS significance from the system’s point of view,

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                 one can firstly refer to their participation in the financial market. According to the
                 data at the end of September 2011, the assets of cooperative banks amounted
                 to 74,908,433,719 PLN9 and SKOKs to 15,218,214,000 PLN,10 compared to
                 1,179,597,950,606 PLN in domestic commercial banks, including foreign branches.11 It
                 may seem insignificant (weighed according to the size of assets, it constitutes a total of
                 6%); however, the domestic origin of their capital (including equity) and the lack of
                 involvement in global markets makes them an important element in financial system
                 stabilization in times of crisis. Not only did they not require government support during
                 the latest crisis, but also generated a profit, while profit-oriented and globally-
                 operational banks have proved their social ineffectiveness, exposed public costs, and
                 lead to a crisis of confidence and faith in the market mechanism (Gostomski, 2009: 37).
                 It should be continued to be emphasized that the existence of financial cooperatives
                 affects the diversity of the sector and allows for greater diversification of systemic risk.
                 These are together a valuable contribution to the stability of the domestic financial
                 market, which indirectly also affects stability in the global market.

                 Analyzing business risk cannot be separated from the questions of DGS. In Poland, both
                 BS and SKOK are affected by the deposit insurance system. BS, like all domestic banks,
                 are subject to the obligation of belonging to the Bank Guarantee Fund, while SKOKs have
                 their own – separate from those of the banks – guarantee scheme for deposits (deposit
                 guarantee schemes for SKOK are the Mutual Insurance Company Fund, the Towarzystwo
                 Ubezpieczeń Wzajemnych SKOK and the TUW SKOK). Both systems are recognized by
                 the structure of the European Union (TUW SKOK like the Bank Guarantee Fund is a
                 member of EFDI – the European Forum of Deposit Insurers, an association of institutions
                 engaged in deposit guarantees in European countries). The Bank Guarantee Fund or TUW
                 SKOK insures SKOK or BS entrusted deposit up to EUR 100,000.

                 Conclusion
                 In this piece, I have focused on showing the current and potential role of cooperative
                 financial institutions in the global financial market through performing their tasks in
                 domestic, or even local markets, focusing on the case of Poland. Particular emphasis has
                 been placed on the great value the cooperative could bring to modern banking systems.
                 The cooperative is an institutional model in which profitability and efficiency is
                 reconciled with pro-social activities and a focus on social solidarity.

                 This analysis of existing solutions in Poland supports the conclusion that both the SKOK
                 and the BS are entities that are important to members of the public, even though their
                 development and organization is different. Based on the foregoing considerations, it may
                 be assumed that, firstly, financial cooperatives may be an important link in the

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                 redistribution of funds in a socially and economically desirable way, thereby
                 contributing to the stability of the banking sector on a national and global scale on the
                 one hand, and promoting the integration of financial and local financing of economic
                 projects on the other. Secondly, these cooperatives are able to effectively combine the
                 principles of a social economy with the requirements of effective management of
                 financial resources, giving the global economy an appropriate focus on the needs of
                 individuals and communities. Thirdly, they have enormous potential and strength to
                 adapt to current social and economic needs, functioning in a variety of political and
                 economic conditions – as indicated by the Polish example – and the market
                 transformation of the past 20 years from a centrally planned economy to a free market;
                 so long as the legal conditions are created for the taking up and pursuit of such
                 activities.

                 The Polish experience, and those of Europe generally show that as small entities with a
                 limited operating range are particularly sensitive to the needs of local communities.
                 Furthermore, financial cooperatives linked to a larger network may act on an
                 international or global scale. The Polish example shows the incredible strength of
                 cooperatives and the need for their existence in economically developed markets.
                 Currently, cooperative financial institutions in Poland are seen as one of those that
                 achieved success and have found a formula for their functioning in today's financial
                 markets, becoming an important partner in financing projects of small and medium-
                 sized enterprises, local authorities and members of local communities.




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                 Notes
                 1
                   Katedra Prawa Finansów Publicznych, Europejska Wyższa Szkoła Prawa i Administracji w Warszawie.
                 2
                   The diacritical marks of certain Polish words required the use of different fonts.
                 3
                   Credit Unions in Poland are also known as SKOKs by their Polish acronym.
                 4
                   According to data from the Komisja Nadzoru Finansowego (Polish Financial Supervision Authority)
                 on 1 March 2012, there were 573 cooperative banks and 47 organized in other organizational and
                 legal forms (although of these 48 banks, two are banks affiliating cooperative banks such as Bank
                 Polskiej Spółdzielczości S.A. and SGB-Bank S.A.
                 5
                    The Act of 24 June 1994 on the restructuring of cooperative banks and the Bank Gospodarki
                 Żywnościowej and the amendment of certain acts, Dz. U. 1994 No. 80, item. 369, as amended).
                 6
                    The Act on the Operations of Cooperative Banks, Their Affiliation, and Affiliating Banks of
                 7 December 2000.
                 7
                   Polish acronym.
                 8
                   The legal base for their establishment and functioning was: Cooperative Law of 16 September 1982
                 and Act of 8 November 1982 on Trade Unions (Dz. U. 1982 No. 32, item 216).
                 9
                   Based on monthly data at KNF 31.09.2011.
                 10
                    Based on data at KSKOK 31.09.2011.
                 11
                    Based on monthly data at KNF 31.09.2011.


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                       w odniesieniu do regulacji polskich”, Przegląd Ustawodawstwa Gospodarczego, No. 10, p. 13-23.
                 ZALCEWICZ, A. (2009). Bank spółdzielczy. Aspekty prawne tworzenia i funkcjonowania (title in English: Cooperative
                       Bank. Legal Aspects of Organization and Functioning), Oficyna Wolters Kluwer business, Warszawa.
                 ZALCEWICZ, A. (2012). “Banki spółdzielcze a problem wykluczenia społecznego w kontekście dostępu do usług
                       płatniczych”, Głos Banków Spółdzielczych, No. 28, appendix.
                 ZALESKA, M. (2011). “Bank bankowi nierówny”, Głos Banków Spółdzielczych, No. 26 and 27, p. 40-41.
                 ŻółtKOWSKi, W. (2011). Bank lokalny, CeDeWu, Warszawa.


                                                                                   The Amazing Power of Cooperatives   ...71...
04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page72




                 Summary
                 The last 20 years have been a particularly important period for the operation of cooperative financial
                 institutions in Poland. On the one hand, the new economic conditions meant that the number of
                 cooperative banks dropped from nearly 1,600 in 1989 to 573 (as of 01/03/2012); at the same time
                 however, they went from being entities in financial difficulty, into stabilizers in the Polish banking
                 market. On the other hand, creating the legal conditions for the development of credit unions meant
                 that there was a rapid growth in their number. For instance, the first, registered in 1992, currently
                 operates 59 different credit unions. Nevertheless, their activity contributes significantly to society;
                 the distribution of banking services being an important element in the fight against financial exclusion
                 among members of society. Considerations presented in this paper indicate that financial cooperatives
                 may be an important link in the redistribution of funds in an economically desirable manner,
                 contributing to the stability of the banking sector not only on a national scale, but also globally, as
                 well as promoting financial inclusion and the financing of local economic projects.


                 Resumen
                 Los últimos 20 años han sido un período particularmente importante para las instituciones financieras
                 cooperativas de Polonia. Por un lado, a raíz de la coyuntura económica, la cantidad de bancos
                 cooperativos bajó de aproximadamente 1600 en 1989 a 573 a comienzos de 2012; al mismo tiempo,
                 instituciones en apuros financieros pasaron a ser fuerzas estabilizadoras del mercado bancario polaco.
                 Por otro lado, una vez que se dieron las condiciones legales para el desarrollo de uniones crediticias,
                 la cantidad de éstas creció rápidamente (la primera se registró en 1992 y actualmente existen 59
                 uniones crediticias). Éstas realizan un aporte significativo al bienestar de la sociedad mediante sus
                 actividades, combatiendo la exclusión financiera al ofrecer servicios financieros a aquéllos que de
                 otra manera no podrían acceder a dichos servicios. Las consideraciones presentadas aquí indican que
                 las cooperativas financieras pueden desempeñar un papel importante en la redistribución de recursos
                 de manera social y económicamente deseable, contribuyendo así a la estabilidad del sector bancario,
                 no solo a nivel nacional, sino también a nivel mundial y al fomento de la inclusión financiera y al
                 financiamiento de proyectos económicos locales.


                 Résumé
                Les 20 dernières années ont été particulièrement importantes pour les institutions financières
                coopératives en Pologne. D’une part, la nouvelle conjoncture économique a suscité une réduction du
                nombre de banques coopératives, qui est passé d’environ 1  600 en 1989 à 573 au début de 2012. En
                même temps, d’institutions en difficulté, elles sont devenues des facteurs de stabilisation économique
                dans le secteur polonais des services bancaires. Par contre, une fois la législation permettant
                l’établissement de coopératives de crédit mise en place, celles-ci se sont rapidement multipliées (la
                première a été enregistrée en 1992 et actuellement il existe 59 caisses différentes). Les coopératives
                de crédit contribuent dans une mesure considérable au bien-être de la société, puisqu’elles combattent
                l’exclusion financière en fournissant des services financiers à des gens qui, autrement, n’y auraient
                peut-être pas accès. Les coopératives financières peuvent donc jouer un rôle important en permettant
                une redistribution des ressources plus équitable sur le plan social et plus souhaitable sur le plan
                économique, contribuant, de ce fait, à la stabilité du secteur bancaire à l’échelle nationale et mondiale,
                à la promotion de l’inclusion financière et au financement de projets économiques locaux.




                 ...72... The Amazing Power of Cooperatives

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Anna zalcewicz

  • 1. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page61 The role of cooperative financial institutions in the global financial market with the example of cooperative savings and credit unions (spółdzielcze kasy oszczędnościowo-kredytowe) and cooperative banks in Poland Anna ZALCEWICZ1 Introduction2 The tradition of cooperative financial institutions in Poland goes back to the nineteenth century, when the first so-called loan associations and savings banks were created wthin the territory of Poland. Under the influence of the formation and evolution of modern organizational and legal frameworks during the interwar period, credit cooperatives and so-called municipal savings banks began to operate. However, their development was interrupted by World War II, and after the war, by the change of regime to the socialist system. The return to the market economy has allowed for the formation and functioning of cooperative institutions under new a legal-economic formula. Currently in Poland, there are two types of cooperative financial institutions: cooperative banks (BS); and cooperative savings and credit unions (SKOK3). Both play an important role in the Polish financial market, although their duties, the legal basis of their functioning, and their organization, are not identical. It is worth noting that Polish financial cooperatives – although regulated independently by the Polish Legislator – have a common origin with other such institutions in different countries of the world, emerging from nineteenth-century institutions created for self- help in financial support (e.g. Schulze-Delitzsch’s cooperatives and Raiffeisen’s cooperatives). Furthermore, today these organizations are a part of a global cooperative trend, and the transnational experience and regulations have a heavily influenced the shape, tasks performed, or the functionality of the cooperatives in Poland. Therefore, seeing them through the domestic prism, they can be simultaneously considered as examples of cooperatives in the global market. The indicator of global cooperative activity is not only their transnational activity, but also the local domestic markets as a whole, which constitutes a contemporary global financial market. The Amazing Power of Cooperatives ...61...
  • 2. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page62 Cooperative banks (BS) The legal basis of activity and organization of the cooperative banking sector Cooperative banks have been operating in Poland for more than a hundred years and are the largest group of banks operating in the country.4 Currently, the essential regulatory framework for their activities are determined in: The Banking Act of 29, August 1997 (consolidated text: Dz.U. 2002  No. 72, item 665 as amended), The Act on the Operations of Cooperative Banks, Their Affiliation, and Affiliating Banks of 7, December 2000 (Dz.U. 2000 No. 119 item 1252 as amended) and The Cooperative Act of 16, September 1982 (consolidated text: Dz.U. 2003 No. 188, item1848 as amended). The cooperative banking sector in Poland is now organized into two tiers. BS operate on a local level and are affiliated with the so-called affiliating banks, while affiliating banks operate on a country-wide level as joint stock companies. Depending on the size of a cooperative bank's own funds, affiliation is either obligatory or optional. The law states that those BS whose own funds are less than EUR 5,000,000, must be affiliated with one of the functioning affiliations. Since the introduction of the two-tier structure in 2000, the number of affiliating banks, and thus the number of affiliations has fallen from twelve to two in twelve years. Currently, Poland's largest affiliation of cooperative banks is the BPS Group, for which the affiliating bank is Bank Polskiej Spółdzielczości S.A., that groups together 366 BS – it also cooperates with the Cracow Cooperative Bank and the Cooperative Bank in Oława. The second affiliation is Spółdzielcza Grupa Bankowa whose affiliating bank SGB-Bank SA, and has more than 200 BS affiliated. It should also be mentioned that, in accordance with the requirements of EU law in Poland, BS in the form of European Cooperative Societies (SCE) function according to the above-mentioned regulations along with the following provisions: Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE) (OJ L 207, 18.8.2003, p. 1–24) and The European Cooperative Society Act of 22 July 2006 (Dz.U. 2006 No. 149 item 1077). However, none of the BS have been transformed into a SCE yet, due to a number of reasons, including: complex and multi- level rules governing the activities of such cooperatives, the possibility for banks’ activities in other forms (branch, cross-border activities) outside of Poland, and the essentially local nature of the Polish BS (Zalcewicz, 2008: 22). Significant changes in the cooperative banking sector in the period 1992-2012 Following the adoption of the Banking Act of 1989, legal regulations applicable to the market economy were introduced in the Polish banking system. This diametrically changed the situation of all banks, including BS. Moreover, between 1989 and 1992, a number of other regulations – together with the new economic conditions – led to severe ...62... The Amazing Power of Cooperatives
  • 3. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page63 financial difficulties, which these institutions had to face (Zalcewicz, 2009: 46-47). In 1992, the situation of cooperative banks significantly deteriorated and intervention of the State authority became necessary. A Restructuring Act5 was passed to enable the development of BS. It was supposed to allow the establishment of an economically strong, three-tier cooperative banking sector (i.e. BS, regional banks and the nationwide bank). Moreover, BS were given considerable financial support from the state such as restructuring bonds and tax exemption. An important agent of change was also the fact that Poland had been aspiring to join the European Union (EU) in that time. In connection with the requirements of EU law, it became necessary to increase BS funds. This goal was reached gradually, for instance, on 31, December 2001, BS had a minimum of their own funds to the equivalent of EUR 300,000, which went up to EUR 500.000 by 31, December 2005 and up to EUR 1,000,000 by 31, December 2007. In the years from 1995 to 2000 – in conjunction with the changes taking place – the number of BS decreased from 1663 to 680 (Zalcewicz, 2009: 61), of which 88 were due to insolvency. In 2000 a new Act6 reformed the structure of the whole sector in a manner more tailored both to the requirements of EU law and the needs of the BS themselves. This has enabled the current development of BS; however, within the first two years of the Act being in force, the number of BS decreased from 680 in 2000 to 605 in 2002 – with one case due to insolvency – because of the need to fulfill the capital requirements. As of March 2012, there are currently 573 BS, of which 68 banks have as their own funds of more than EUR 5 million; and 4 BS did not meet the required level of minimum funds of EUR 1 million due to the considerable weakening of the Polish zloty beginning in September 2011. While analyzing changes in the cooperative banking sector, chance should not be overlooked when attempting to answer the question of the further development of such institutions. This decrease in the number of BS is noticeable, for instance, not one new cooperative bank has taken up business during the last 20 years which I likely primarily attributed to: the normative restriction that founders of a cooperative bank must be natural persons, the strict requirements for a bank’s establishment, and the lack of any benefits for a cooperative bank’s founders. Additionally, the influx of new memebers to a BS can cause membership fund loses, this in turn changes the structure of a BS’ own funds. Polish law has brought about decreased motivation for BS membership, because members do not enjoy any privileges. Moreover, BS suffer from long-term financial problems and some reluctance to this form of business because of a historical legacy from the previous regime that deemed BS as a relic and a burden. The latter was a consequence of a general belief – until the recent crisis revealed the weakness of large financial institutions (Zaleska, 2011: 40) – that the existence of large banks provides safety and is generally desirable. The Amazing Power of Cooperatives ...63...
  • 4. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page64 However, thanks to the cooperators and Management Board of BS’ long-term determination over the last four years, a change in the image of cooperative banks is becoming more visible. Their favourable financial condition in times of global financial crisis and their effort in creating strong links with the local community has resulted in them being viewed as a stabilizer of the banking system; and nobody denies the necessity of their existence. Instead, broader dispute is being taken over developing modern forms of business and creating favorable legislation for them. Therefore, it seems that they are a permanent element of the Polish banking system and their development will be based on: increased cooperation with local government units, local communities, and local businesses, but will not be associated with increasing the number of BS. Cooperative bank as a local bank A cooperative bank is cooperative, meaning that it connects profit and social activity in its business. This is the result of decisions taken by a BS’ Board of Management, as Polish law does not regulate any aspects of a BS’ pro-social activity. BS are focused on being a local community’s bank. The reason for this is the territorial restriction of their activity and the banks’ individual policies; whereas cooperative banks pursue business nationwide, a single BS restricts its activity to municipal, district or territorial sectors, and their branches are mainly located in villages or small towns. This means that their main customers are small and medium enterprises, farmers, consumers and local governments. BS are close to their customers and know them very well; moreover, BS are the common property of many. These factors, together with a good knowledge of local conditions, allow BS to adjust their offers to local needs, and proximity to the bank’s head office allows for quick decisions in such cases as the credit granting procedure. In addition, BS financially support various forms of community-based initiatives, and taxes paid by a BS go to the municipal budget. This means that the BS are seen as local and personal banks by the their community. An important task undertaken by BS is also taking action to ensure access to banking services for people experiencing financial exclusion. This is not only due to the location of facilities in areas that are often beyond the interest of commercial banks, but also due to attempts to target such groups of society, for example: offering accounts to people with low and moderate incomes (Zalcewicz, 2012: 3; Żółtkowski, 2011: 63). Research has shown that for ensuring financial integration, psychological factors such as: an old-fashioned desire of interpersonal contact, the will to be served by someone, a focus on one’s personal needs and the geographical proximity of BS are not without importance (Lappeteläinen, 2010:18, 46). ...64... The Amazing Power of Cooperatives
  • 5. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page65 Spółdzielcze kasy oszczędnościowo-kredytowe (SKOK) The legal basis of SKOK activity and organization of the cooperative savings and credit union’s sector A SKOK is not a bank, but a kind of institution named in Polish doctrine as a “parabank” (quasi-bank). It may be said that the SKOK system fulfills a complementary and substitutive role for the banking sector in the financial market in Poland. The development of cooperative savings and credit unions in Poland began in 1992 when the first SKOK was organized as a labor credit union that developed later into a network of SKOKs each based on work, social or another kind of connection among their members. Their growth dynamics are significant; in the first year of the SKOKs’ activity their branches numbered 13, meanwhile, as of September 2011 the number of SKOKs and their branches stood at 892. Furthermore, SKOK membership has grown from 14,000 in 1992 to 2,284,000 by September 2011 – nearly 6% of the Polish population. The legal framework for SKOK activity is included in the Cooperative Law of 16 September 1982, and Act of 14 December 1995 on cooperative savings and credit unions (Act of 1995, Dz. U. 1996 No 1 item 2). A new act to replace the Act of 1995 – the Act of 5 November 2009 on cooperative savings and credit unions – is currently under legislative process (Act of 2009). This new Act, will regulate the activities of credit unions and is likely to come into force at the end of 2012. SKOKs are currently an institutionally closed type of cooperative, pursuing non-profit business in the interests of their members. The cooperative savings and credit unions’ system has two tiers. SKOKs function at a lower, local level, and the National Cooperative Savings and Credit Union (KSKOK7) as the central institution, operates at the higher tier. KSKOK is a form of co-operative, too. However, its members are all SKOKs with obligatory membership. The KSKOK exercises supervision and stabilizing functions (Document of the World Bank, 2010:18-19). Among other activities, KSKOK maintains the Stabilization Fund created by the contributions paid by all the SKOKs’ and KSKOK’s profit. Funds collected in this manner can be used to assist SKOKs with financial problems and thus prevent potential insolvency. Significant changes in the operation of SKOK in the period 1992-2012 With the change of the political and economic system and recognizing the importance of self-help institutions, steps were taken in the early 1990s to reestablish the Polish pre-war system of financial savings institutions (Golec, 2004: 13; Komisja Nadzoru The Amazing Power of Cooperatives ...65...
  • 6. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page66 Finansowego, 2008: 14). Initially, quasi-credit unions – then so called employee assistance and loan funds – were established on a company basis due to the lack of a relevant law for SKOK. 8 On the 14 December 1995, the Act on cooperative savings and credit union was passed, which regulates the establishing and operation of SKOK to this day. Pursuant to its provisions, some of the employee assistance and loan funds became SKOK. At the end of 1996, one year later, SKOK with branches in Poland amounted to 168, with 138,000 SKOK members. The adoption of the Act on cooperative savings and credit unions enabled a very dynamic development of SKOK, with 146 SKOK already operating in the year 2000; and at the end of the year 2000, the number of SKOK with branches in Poland amounted to 560 with 394,000 members. Initially created as small entities, they have begun a process of enlargement in order to increase the diversification of the sources of deposits and thus the SKOKs’ safety. There have been large SKOKs established on the Polish market, which have a branch network throughout the country, and which employ professionals in finance and offer a wide range of financial services (Filipkowski, 2004: 25). However, small, single-branch SKOKs have also operated. Further transformation of the sector caused the number of SKOK to decrease over the following 10 years. This was a result of consolidation processes involving the taking over of the smaller SKOKs by stronger entities. In 2010 the number of SKOKs was 59, although the number of branches as compared to 2000 has increased, expanding to 1,851 entities with 2,177,000 members. Currently, in terms of the number of branches, SKOKs have the largest network of customer services among all financial institutions in Poland, offering banking services to the population. As of September 2011, 1,892 SKOKs had branches. Rapid SKOK development has stimulated a discussion on the integration of the SKOK system with the domestic banking system and the introduction of new regulations for SKOKs. The necessity of preparing a new legal solution was a result of many other factors as well. First, it is important to note that during its existence, the Act of 1995 was amended many times, which resulted in a significant expansion of the territory and banking services of SKOKs, and allowed the creation of large, strong SKOKs. In the opinion of many authors and international institutions regarding the direction of changes in the functioning of SKOKs, it has become desirable to extend supervision over the financial market in Poland to SKOKs: namely, the Polish Financial Supervision Authority. On the other hand, the literature notes that the volume of SKOK assets, perspectives of SKOK development, and their similarity in both function and image to banks – especially the cooperative banks – have become prerequisites to justify the need for a new regulatory statute for their status and operations, with particular emphasis on the safety of deposits (Szambelańczyk, 2009:2-3). Taking into account all of these postulates, new legislation for SKOK establishment and operation was adopted in 2009. ...66... The Amazing Power of Cooperatives
  • 7. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page67 Since the entry into force of the new legislation, the scope of supervision over SKOKs will increase. This supervision will cover all phases of SKOK activity from the process of their formation including the authorization procedure to establish a SKOK, until the end of a SKOK’s activities. Moreover, the Act of 2009 introduces a new section dedicated to the supervisory principles for SKOKs and the KSKOK. The new SKOK activities formula is a bit less obvious, because the new Act does not stipulate expressis verbis that the SKOK is a non-profit institution. It is also worth mentioning that initially, the possibility had been considered to transform SKOKs in cooperative banks. The original bill prepared in 2009 contained a proposal for two models of transformation: obligatory and optional. The obligatory procedure applied when a SKOK’s own funds exceed the equivalent of 10 million EURO; while the optional applied when the SKOK’s own funds exceed 1 million EURO. As it turned out, however, the legislator withdrew from these legal solutions. The question could be asked about the further development of SKOKs. It is in no doubt that in a large part, this will be based on increasing membership numbers. Since its inception, the development of the SKOK has been continuous and very dynamic. This has been achieved by expanding the range of SKOKs’ financial services. At present, it is difficult to determine without ambiguity, their future progress due to new legal solutions planned to be entered into force. However, it seems that the SKOKs have found a formula that allows the combination of financial efficiency and a socially minded character, allowing them to develop further. SKOK as a financial cooperative A SKOK is a cooperative which collects funds only from its members, providing them with loans and credit, servicing payment services and acting as an agent in insurance contracts. Therefore, the premise of SKOK activities is their members crediting each other from funds collected by them in SKOK. The members of a SKOK in Poland can only be individuals linked by professional or organizational connections, particularly those employed in one or more companies, or a person belonging to the same social or professional organization. Legal provisions therefore create conditions for the acquisition of the status of membership by a person with a very formal bond. The Legislator does not define the territorial scope of this organization’s operation and it is possible to be a SKOK member even after the termination of this bond. This solution has been upheld in the Act of 2009 and the Act broadens the customer-members’ circle of NGOs, churches and religious organizations, organizational units with legal personality, cooperatives, trade unions and homeowner associations. The Amazing Power of Cooperatives ...67...
  • 8. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page68 The law also governs the financial management of SKOKs, among other things, it indicates that the funds that are not used for loans and SKOK members’ loans may be invested with the utmost diligence: I a) in bonds and other securities issued or guaranteed by the Treasury or the Polish National Bank (Narodowy Bank Polski); I b) as deposits, contributions or interest in the KSKOK; I c) as deposits in banks up to the amount guaranteed by the Bank Guarantee Fund; I d) in units of money market funds. Therefore, the Legislator places restrictions on the disposal of capital accumulated by the SKOK coming from its members. Cooperative banks and SKOKs as cooperative institutions of the Polish financial market SKOKs and cooperative banks are cooperatives, which realize essential social and economic functions on the Polish market. Firstly, as socially minded institutions introduced to the market economy, an important element is civic concern for individual members of society and their local communities. This notion in itself, contributes to sustainable development. Their existence is an expression of the implementation of the classical liberal idea of stressing the importance of savings and access to capital as a key factor in the participation of all social classes in the market economy. This is the common denominator of SKOK and BS activities, although each of these institutions carries slightly different tasks, and products offered by a SKOK may supplement a bank’s offer or compete with them (Galbarczyk, 2010: 355) and vice versa. In the case of SKOKs, their different type of business aims at providing financial services to the poorer population, meaning mainly very poor or low and middle income individuals (Document of the World Bank, 2010:10-11), and prevents financial exclusion, whereas BS contribute to increase the rate of banking services distribution to the wider population in areas where no solely-for-profit banks target their interests due to low profitability. This applies to both the territorial dimension, as well as to specific social groups. It is worth noting that to a large extent, choosing to operate as a cooperative, promotes social objectives in their business. This is not only the attitude of the socially-minded character of such entities, but also the fact that – especially in the case of BS – it is difficult to eliminate them by purchase from the market, therefore, BS can function as community banks. Secondly, these entities (SKOK, BS) have been important stabilizing features of the Polish financial system. By analyzing SKOK and BS significance from the system’s point of view, ...68... The Amazing Power of Cooperatives
  • 9. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page69 one can firstly refer to their participation in the financial market. According to the data at the end of September 2011, the assets of cooperative banks amounted to 74,908,433,719 PLN9 and SKOKs to 15,218,214,000 PLN,10 compared to 1,179,597,950,606 PLN in domestic commercial banks, including foreign branches.11 It may seem insignificant (weighed according to the size of assets, it constitutes a total of 6%); however, the domestic origin of their capital (including equity) and the lack of involvement in global markets makes them an important element in financial system stabilization in times of crisis. Not only did they not require government support during the latest crisis, but also generated a profit, while profit-oriented and globally- operational banks have proved their social ineffectiveness, exposed public costs, and lead to a crisis of confidence and faith in the market mechanism (Gostomski, 2009: 37). It should be continued to be emphasized that the existence of financial cooperatives affects the diversity of the sector and allows for greater diversification of systemic risk. These are together a valuable contribution to the stability of the domestic financial market, which indirectly also affects stability in the global market. Analyzing business risk cannot be separated from the questions of DGS. In Poland, both BS and SKOK are affected by the deposit insurance system. BS, like all domestic banks, are subject to the obligation of belonging to the Bank Guarantee Fund, while SKOKs have their own – separate from those of the banks – guarantee scheme for deposits (deposit guarantee schemes for SKOK are the Mutual Insurance Company Fund, the Towarzystwo Ubezpieczeń Wzajemnych SKOK and the TUW SKOK). Both systems are recognized by the structure of the European Union (TUW SKOK like the Bank Guarantee Fund is a member of EFDI – the European Forum of Deposit Insurers, an association of institutions engaged in deposit guarantees in European countries). The Bank Guarantee Fund or TUW SKOK insures SKOK or BS entrusted deposit up to EUR 100,000. Conclusion In this piece, I have focused on showing the current and potential role of cooperative financial institutions in the global financial market through performing their tasks in domestic, or even local markets, focusing on the case of Poland. Particular emphasis has been placed on the great value the cooperative could bring to modern banking systems. The cooperative is an institutional model in which profitability and efficiency is reconciled with pro-social activities and a focus on social solidarity. This analysis of existing solutions in Poland supports the conclusion that both the SKOK and the BS are entities that are important to members of the public, even though their development and organization is different. Based on the foregoing considerations, it may be assumed that, firstly, financial cooperatives may be an important link in the The Amazing Power of Cooperatives ...69...
  • 10. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page70 redistribution of funds in a socially and economically desirable way, thereby contributing to the stability of the banking sector on a national and global scale on the one hand, and promoting the integration of financial and local financing of economic projects on the other. Secondly, these cooperatives are able to effectively combine the principles of a social economy with the requirements of effective management of financial resources, giving the global economy an appropriate focus on the needs of individuals and communities. Thirdly, they have enormous potential and strength to adapt to current social and economic needs, functioning in a variety of political and economic conditions – as indicated by the Polish example – and the market transformation of the past 20 years from a centrally planned economy to a free market; so long as the legal conditions are created for the taking up and pursuit of such activities. The Polish experience, and those of Europe generally show that as small entities with a limited operating range are particularly sensitive to the needs of local communities. Furthermore, financial cooperatives linked to a larger network may act on an international or global scale. The Polish example shows the incredible strength of cooperatives and the need for their existence in economically developed markets. Currently, cooperative financial institutions in Poland are seen as one of those that achieved success and have found a formula for their functioning in today's financial markets, becoming an important partner in financing projects of small and medium- sized enterprises, local authorities and members of local communities. ...70... The Amazing Power of Cooperatives
  • 11. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page71 Notes 1 Katedra Prawa Finansów Publicznych, Europejska Wyższa Szkoła Prawa i Administracji w Warszawie. 2 The diacritical marks of certain Polish words required the use of different fonts. 3 Credit Unions in Poland are also known as SKOKs by their Polish acronym. 4 According to data from the Komisja Nadzoru Finansowego (Polish Financial Supervision Authority) on 1 March 2012, there were 573 cooperative banks and 47 organized in other organizational and legal forms (although of these 48 banks, two are banks affiliating cooperative banks such as Bank Polskiej Spółdzielczości S.A. and SGB-Bank S.A. 5 The Act of 24 June 1994 on the restructuring of cooperative banks and the Bank Gospodarki Żywnościowej and the amendment of certain acts, Dz. U. 1994 No. 80, item. 369, as amended). 6 The Act on the Operations of Cooperative Banks, Their Affiliation, and Affiliating Banks of 7 December 2000. 7 Polish acronym. 8 The legal base for their establishment and functioning was: Cooperative Law of 16 September 1982 and Act of 8 November 1982 on Trade Unions (Dz. U. 1982 No. 32, item 216). 9 Based on monthly data at KNF 31.09.2011. 10 Based on data at KSKOK 31.09.2011. 11 Based on monthly data at KNF 31.09.2011. Bibliography FILIPKOWSKI, W. (2004). “Spółdzielcze kasy oszczędnościowo – kredytowe a proceder prania pieniędzy”, Glosa – Prawo Gospodarcze w Orzeczeniach i  Komentarzach, No. 8, p. 25-30. GALBARCZYK T. A. (2010). Funkcjonowanie spółdzielczych kas oszczędnościowo-kredytowych w Polsce – stan obecny i perspektywy rozwoju. ANNALES UMCS, Lublin, p. 355. GOLEC, M. (2004). Spółdzielcze kasy oszczędnościowo-kredytowe na rynku usług finansowych w Polsce, Wyższa Szkoła Bankowa, Poznań. GOSTOMSKI, E. (2009). “Społeczna odpowiedzialność banków w dobie kryzysu finansowego”, in M. Bąk and P. Kulawczuk (editor), Społeczna odpowiedzialność instytucji finansowych, Warszawa, p. 37-45. KOMISJA NADZORU FINANSOWEGO (2008). Przegląd zasad i praktyki działania wybranych systemów unii kredytowych i spółdzielczych kas oszczędnościowo – kredytowych w Polsce (title in English: Review of Policies and Working Practices of Selected Systems of Credit Unions and The Co-operative Savings and Credit Unions in Poland), Warszawa LAPPETELÄINEN, H. (2010). Banking services - Case Vieremän Osuuspankki, Savonia University of Applied Sciences. MądrA, M. (2011). Wyniki finansowe spółdzielczych kas oszczednościowo-kredytowych 2006-2010 (title in English: Financial Results of The Co-operative Savings and Credit Unions 2006-2010), Central Statistical Office, Statiscal Analyses and Studies, Warszawa. SzAMBelAńczyK, J. (2009). Opinia dotycząca poselskiego projektu ustawy o spółdzielczych kasach oszczędnościowokredytowych oraz o zmianie niektórych innych ustaw, Opinie Biura Analiz Sejmowych, http://orka.sejm.gov.pl/rexdomk6.nsf/Opdodr?OpenPage&nr=1876 [last visited 30.05.2012]. ZALCEWICZ, A. (2008). “Bank spółdzielczy jako Spółdzielnia europejska – analiza prawna wybranych zagadnień w odniesieniu do regulacji polskich”, Przegląd Ustawodawstwa Gospodarczego, No. 10, p. 13-23. ZALCEWICZ, A. (2009). Bank spółdzielczy. Aspekty prawne tworzenia i funkcjonowania (title in English: Cooperative Bank. Legal Aspects of Organization and Functioning), Oficyna Wolters Kluwer business, Warszawa. ZALCEWICZ, A. (2012). “Banki spółdzielcze a problem wykluczenia społecznego w kontekście dostępu do usług płatniczych”, Głos Banków Spółdzielczych, No. 28, appendix. ZALESKA, M. (2011). “Bank bankowi nierówny”, Głos Banków Spółdzielczych, No. 26 and 27, p. 40-41. ŻółtKOWSKi, W. (2011). Bank lokalny, CeDeWu, Warszawa. The Amazing Power of Cooperatives ...71...
  • 12. 04-Zalcewicz_Mise en page 1 12-09-05 09:44 Page72 Summary The last 20 years have been a particularly important period for the operation of cooperative financial institutions in Poland. On the one hand, the new economic conditions meant that the number of cooperative banks dropped from nearly 1,600 in 1989 to 573 (as of 01/03/2012); at the same time however, they went from being entities in financial difficulty, into stabilizers in the Polish banking market. On the other hand, creating the legal conditions for the development of credit unions meant that there was a rapid growth in their number. For instance, the first, registered in 1992, currently operates 59 different credit unions. Nevertheless, their activity contributes significantly to society; the distribution of banking services being an important element in the fight against financial exclusion among members of society. Considerations presented in this paper indicate that financial cooperatives may be an important link in the redistribution of funds in an economically desirable manner, contributing to the stability of the banking sector not only on a national scale, but also globally, as well as promoting financial inclusion and the financing of local economic projects. Resumen Los últimos 20 años han sido un período particularmente importante para las instituciones financieras cooperativas de Polonia. Por un lado, a raíz de la coyuntura económica, la cantidad de bancos cooperativos bajó de aproximadamente 1600 en 1989 a 573 a comienzos de 2012; al mismo tiempo, instituciones en apuros financieros pasaron a ser fuerzas estabilizadoras del mercado bancario polaco. Por otro lado, una vez que se dieron las condiciones legales para el desarrollo de uniones crediticias, la cantidad de éstas creció rápidamente (la primera se registró en 1992 y actualmente existen 59 uniones crediticias). Éstas realizan un aporte significativo al bienestar de la sociedad mediante sus actividades, combatiendo la exclusión financiera al ofrecer servicios financieros a aquéllos que de otra manera no podrían acceder a dichos servicios. Las consideraciones presentadas aquí indican que las cooperativas financieras pueden desempeñar un papel importante en la redistribución de recursos de manera social y económicamente deseable, contribuyendo así a la estabilidad del sector bancario, no solo a nivel nacional, sino también a nivel mundial y al fomento de la inclusión financiera y al financiamiento de proyectos económicos locales. Résumé Les 20 dernières années ont été particulièrement importantes pour les institutions financières coopératives en Pologne. D’une part, la nouvelle conjoncture économique a suscité une réduction du nombre de banques coopératives, qui est passé d’environ 1  600 en 1989 à 573 au début de 2012. En même temps, d’institutions en difficulté, elles sont devenues des facteurs de stabilisation économique dans le secteur polonais des services bancaires. Par contre, une fois la législation permettant l’établissement de coopératives de crédit mise en place, celles-ci se sont rapidement multipliées (la première a été enregistrée en 1992 et actuellement il existe 59 caisses différentes). Les coopératives de crédit contribuent dans une mesure considérable au bien-être de la société, puisqu’elles combattent l’exclusion financière en fournissant des services financiers à des gens qui, autrement, n’y auraient peut-être pas accès. Les coopératives financières peuvent donc jouer un rôle important en permettant une redistribution des ressources plus équitable sur le plan social et plus souhaitable sur le plan économique, contribuant, de ce fait, à la stabilité du secteur bancaire à l’échelle nationale et mondiale, à la promotion de l’inclusion financière et au financement de projets économiques locaux. ...72... The Amazing Power of Cooperatives