About: For Profit vs. Non-Profit (page link)   Sponge Permalink

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From: Melissa Hoover, USFWC Date: Aug 22, 2006 11:21 AM You will probably have to do what worker co-ops across the country have done with these statutes - incorporate under them even though they are not written expressly for worker-ownership. You will need an incorporation lawyer to do this correctly - the devil is in the details - but basically this means you define the workers as members and follow the statute's provisions for distributing surplus as patronage. Then you write the democratic self-management and governance part into your bylaws to guide the functioning of your business. At least, this is how it's done in California.

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  • For Profit vs. Non-Profit (page link)
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  • From: Melissa Hoover, USFWC Date: Aug 22, 2006 11:21 AM You will probably have to do what worker co-ops across the country have done with these statutes - incorporate under them even though they are not written expressly for worker-ownership. You will need an incorporation lawyer to do this correctly - the devil is in the details - but basically this means you define the workers as members and follow the statute's provisions for distributing surplus as patronage. Then you write the democratic self-management and governance part into your bylaws to guide the functioning of your business. At least, this is how it's done in California.
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  • From: Melissa Hoover, USFWC Date: Aug 22, 2006 11:21 AM You will probably have to do what worker co-ops across the country have done with these statutes - incorporate under them even though they are not written expressly for worker-ownership. You will need an incorporation lawyer to do this correctly - the devil is in the details - but basically this means you define the workers as members and follow the statute's provisions for distributing surplus as patronage. Then you write the democratic self-management and governance part into your bylaws to guide the functioning of your business. At least, this is how it's done in California. I would advise you to contact local counsel to proceed with the incorporation. Particularly if you will be the first and will be providing a model for future incorporations, I wouldn't go the DIY route on this one. Because incorporation lawyers are quite expensive, I have couple ideas: 1. Do all the research yourself. Find the statutes and read them carefully. Find any other, similar entities to the model you're proposing. Contact your local consumer co-op (is that Wheatsville?) and ask to get a copy of their bylaws or talk to someone who has experience there with incorporation. The previous experiences of other businesses can be incredibly valuable, especially for anticipating roadblocks and problems. I can help you find bylaws and models form other worker cooperatives, but you will need to focus on Texas entities because each state's laws are unique. 2. Contact local law schools and ask about working with students in their law clinic, especially if they have a business or community economic development law clinic. This incorporation could be a great project for a law clinic student, and if you have the research and questions prepared clearly, they'll be more likely to take you on. The UT Austin law clinic is at: and they may be able to refer you to others if they can't help. As for seed capital, I have a bunch of resources, all of which are also listed on the www.usworker.coop site. Have you written a business plan? That's the first step to getting funding... Have you thought about working with the local organizations who will be your partners - to do some grant-based fundraising? (If they have 501c3 status, that's even better.) There are foundations out there who are interested in supporting social enterprise collaborations between nonprofits and small businesses. In fact, I think this is a growing funding trend.
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