New Law for New Enterprises: Cooperative Law in Germany, 1867–1889

The first modern German cooperatives began operations in the 1840s and faced, among other challenges, unfriendly legal rules. In Prussia, cooperatives experienced official harassment as allies of the then-oppositional Liberals. More importantly, cooperatives lacked the right to act as bodies, forcing them to engage in expensive legal workarounds for simple tasks such as contracting debts. The first German cooperatives law, Prussia’s 1867 Act, made clear the cooperatives had a right to exist and gave them the right to act as entities. Further development in the cooperative movement exposed flaws in the original act. The 1889 (Reich) Cooperatives Act legalized some organizational differences in the newer, rural cooperatives, and introduced compulsory external audits for cooperatives. Most famously, the 1889 Act first allowed cooperatives with limited liability, a step that made German cooperatives more similar to those elsewhere in Europe. The historical literature on cooperatives has neglected two important parts of this story: problems with the way unlimited liability operated under the 1867 Act, and the close connection between cooperative and company law.