Policy Guide on Legal Frameworks for the Social and Solidarity Economy

Annex F. Subnational legal frameworks for the social and solidarity economy

The table provides an overview of subnational legal frameworks for the social and solidarity economy, including framework laws, specific laws on the social and solidarity economy entities and subnational action plans and strategies. For some federal countries, such as Brazil, Canada, India and the United States, this table does not cover the whole country and focuses on some specific States or Provinces.

 

	Framework laws on the SSE	Specific laws on the SSE entities	Strategies, plans and other support mechanisms
EU Member States
Belgium	Wallonia: Decree on the social economy (2008)	Brussels-Capital Region: Ordinance on the accreditation and support of social enterprises (2018) Flanders: Decree on the support of entrepreneurship in the social economy and the promotion of CSR (2012) Legal forms accredited as WISE’s (accreditation delivered by regional authorities)	Brussels-Capital Region: Strategy 2025 (2015). Within this strategy, Objective 10 aims to create a favourable ecosystem to the emergence and growth of social enterprises. Flanders: Flemish Action Plan towards more ethical public procurement Wallonia: Circular on the implementation of a sustainable purchasing policy for Walloon regional contracting authorities (2013)
Czech Republic			The Pardubice region launched a programme in 2018 to provide up to EUR 8000 to new social enterprises.
Denmark			Many municipal governments actively support SSE organisations through awareness raising, funding and business support schemes. The role of municipal governments in this respect has increased as national-level support activity has declined in recent years.
Germany			A number of larger cities such as Berlin, Munich and Cologne have also pursued support strategies promoting social entrepreneurship. Bavaria The Bavarian Ministry for Social Affairs can award up to EUR 30 000 of kick-start funding to social cooperatives. Bavaria’s Initiative on Social Cooperatives created an expert group to provide guidance on how to support social cooperative development.
Italy	Trento: Regional law on the Social and Solidarity Economy (LP 1706/2010, n. 130) Lazio: Regional law on the Social and Solidarity Economy (LR (04/08/2009, n. 10) Tuscany: Region law on the Third Sector (22/07/2020, n. 65)		The Piedmont region operates a guarantee fund for social cooperatives The Trento region operates the Intervento 18 initiative, which provides subsidies to social cooperatives to support employment and inclusion of disadvantaged groups.
Netherlands			A number of cities including Amsterdam and Utrecht have initiated municipal level strategies or direct subsidies to support social enterprises (see Annex D).
Spain	Galicia: Law on the Social Economy (6/2016)	Social Initiative Cooperatives – Aragon, Galicia (Coop law 1998, Article 126), Madrid (1999 Section 121), La Rioja (203, Section 139), Castilla-La Mancha (2010, Article 149), Basque Country (Decree 61/2000), Castilla y Leon (2002 Article 124), Catalonia (2002 Article 128), Baleares (2003 Article 138, 139), Murcia (2006, Article 130-131), Navarra (2006, Article 77-78), Asturia (2010, 184) Employment integration enterprises (EI) – Andalucia, Aragon, Baleares, Canarias, Catalonia, Castilla La Mancha, Castilla Y Leon, La Rioja, Madrid, Navarra, Basque Country, Valencia Cooperatives – Catalonia (Law 12/2015) Social Security Mutual Societies – Catalonia (Law 10/2003)	Barcelona City Council Decree for Socially Responsible Public Procurement (4043/13) Basque Social Economy Office (within Basque Department of Work and Justice) Galicia: Social Economy Council Navarra: Social Economy Plan (2017-2020) All autonomous communities have departments specifically focused on cooperatives.
Non-EU countries
Brazil			Bahia: State Policy for the Promotion of Solidarity Economy (2011) Espirito Santo: State Support Policy for Solidarity Economy (2006) Federal District: State Policy for Impact Investments and Social Businesses (2021) Minas Gerais: State Policy for Impact Investments and Social Businesses (2020) Paraíba: State Policy for Impact Investments and Social Businesses (2021) Pernambuco: State Policy for Solidarity Economy (2006) Rio Grande do Norte: State support to Popular Solidarity Economy (2006); State Policy for Impact Investments and Social Business (2019) São Paulo: State Policy for Solidarity Economy (2011) Santa Catarina: State Policy of Solidarity (2019) Rio Grande do Sul: State Policy in support of Popular Solidarity Economy (2019) Rio de Janeiro: State Policy of Solidarity Economy (2019); State Policy for Impact Investments and Social Business (2019)
Canada	Québec: Social Economy Act (Loi sur l’économie sociale) (2013)	Québec: Cooperatives Act (1982) Manitoba: Cooperatives Act (1998) Nova Scotia: Community Interest Company (CIC) (2012) British Columbia: Community Contribution Company (CCC) (2013)	Québec: Social Economy Action Plan (2015-2020) Social Economy Action Plan (2020-2025)
India		State of Maharashtra The Maharashtra Public Trusts Act (1960) The Maharashtra Co-operative Societies Act (1960) State of Andhra Pradesh Co-operative Societies Act (1964) Charitable and Hindu Religious Institutions and Endowments Act (1987) Mutually Aided Co-operative Societies Act (1995) State of Telangana Co-operative Societies Act (1964) Charitable and Hindu Religious Institutions and Endowments Act (1987) Mutually Aided Co-operative Societies Act (1995) Union Territory of Delhi Co-operative Societies Act (1972)
Korea	Seoul Metropolitan City Framework ordinance on Social Economy (2014) 17 metropolitan governments have enacted a framework ordinance on Social Economy.	Community businesses are overseen by and register with local governments.
Mexico		Federal District: Cooperative Development Law (2006) 8 states have legal frameworks governing mutual societies, which are not regulated at the federal level Civil Societies and Civil Associations are regulated by the Civil Code of each State. Laws for Welfare Private Institutions and Laws on Charity in several States	Social Development Laws in Aguascalientes, Baja California Sur, Campeche, Colima, Chihuahua, Durango, Guanajuato, Nuevo León, Oaxaca, Puebla, Querétaro, Quintana Roo, Tamaulipas, Veracruz and Zacatecas, that include clauses on the social economy
United Kingdom			Scotland's Social Enterprise Strategy 2016-2026 Scotland’s Social Enterprise Action Plan 2021-2024
United States		Delaware General Corporation Law (2006) – Charitable Nonprofits Uniform Unincorporated Nonprofit Association Act (2011) Trust Law (2012) – Charitable Trusts Corporation Law for Cooperative Agricultural Associations (2012) Limited Liability Company Act (2014) Workers Cooperative Act (2016) General Corporation Law, Subchapter XV (2013, latest revision in 2020) – Public Benefit Corporations Insurance Code, Chapter 31, § 3107 (2017) – Credit Union Groups Revised Uniform Limited Partnership Act (2018) California Corporations Code, Title 1, Nonprofit Corporation Law (1978) Credit Union Law (1979) – Credit Unions Civil Code, § 817-817.408 (2009) – Limited Equity Housing Cooperatives / Workforce Housing Cooperative Trust Probate Code, § 15000-19530 (2011) – Charitable Trusts Corporations Code, Title 3 (2011) – Unincorporated Associations Corporations Code, Title 1, Social Purpose Corporations Act (2014) Corporations Code, Title 1, Cooperative Corporation Law (2015) Corporations Code, Title 1, Corporations for Specific Purposes – Nonprofit Cooperative Agricultural Marketing Associations, Benefit Corporations New York Not-for-Profit Corporation Law (2013) Benefit Corporation Law (2013) Trust Law (2013) – Charitable Trusts Cooperative Corporations Law (2013) – Worker Cooperative Corporations, Agricultural Cooperative Corporations, Credit and Agency Corporations

Source: Authors’ elaboration based on 2020 OECD mapping survey, 2020-2021 OECD focus groups, PLP background papers.