Co-operatives Act 2009
Part 12Merger, transfer of engagements, winding‑up
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Part 12 — Merger, transfer of engagements, winding‑up
Division 1 — Mergers and transfers of engagements
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Application of Division 266
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Mergers and transfers of engagements of local co‑operatives 266
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Requirements before application can be made 266
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Disclosure statement required 266
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Making an application 268
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Approval of merger 268
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Approval of transfer of engagements 269
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Transfer of engagements by direction of Registrar 269
Division 2 — Transfer of incorporation
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Application for transfer 270
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Requirements before application can be made 271
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Meaning of new body and transfer 272
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New body ceases to be registered as co‑operative 272
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Transfer not to impose greater liability etc. 272
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Effect of new certificate of registration 273
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New body must give copy of new certificate of registration or incorporation to Registrar 274
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New body is a continuation of the co‑operative 274
Division 3 — Winding‑up and deregistration
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Methods of winding‑up 274
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Winding‑up on Registrar’s certificate 274
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Method of deregistration 275
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Application of Corporations Act to winding‑up and deregistration 275
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Restrictions on voluntary winding‑up 276
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Start of members’ voluntary winding‑up 277
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Distribution of surplus: non‑distributing co‑operatives 277
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Liquidator — vacancy may be filled by Registrar 278
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Review of liquidator’s remuneration 278
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Liability of member to contribute in a winding‑up where shares forfeited etc. 278
Division 4 — Administration
Subdivision 1 — Introductory
323A. Operation of this Division 279
Subdivision 2 — Administration under Corporations Act
- Application of Corporations Act to administration of co‑operative 280