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Co-operatives (Adoption of National Law) Act 2012
103Transfer of shares and other interests on death of member
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#### 103 Transfer of shares and other interests on death of member
103 Transfer of shares and other interests on death of member
> > (1) On the death of a member of a co-operative, the board must transfer the deceased member’s share or interest in the co-operative to—
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> > > (a) the personal representative of the deceased member; or
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> > > (b) one or more persons that the deceased’s personal representative specifies in an application for transfer made to the co-operative within 3 months after the death of the member.
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> > (2) On the death of a member of a co-operative, the member’s share or interest in the co-operative cannot be transferred to a person other than the personal representative of the deceased member except with the consent of the board of the co-operative.
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> > (3) The board—
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> > > (a) in the case of an application referred to in subsection (1) (b)—must give its consent under subsection (2) to the transfer of the deceased member’s share or interest in the co-operative, unless the board reasonably believes the only transferee or each transferee will not be an active member of the co-operative; or
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> > > (b) in any other case—may give its consent under subsection (2) only if the board reasonably believes the only transferee or each transferee will be an active member of the co-operative.
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> > (4) The board must not give its consent under subsection (2) to the transfer of a share if, because of the transfer, the nominal value of the shares held by the transferee would be more than—
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> > > (a) 20% of the nominal value of the share capital of the co-operative; or
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> > > (b) if a lower percentage is specified in the rules of the co-operative—that lower percentage of the nominal value of the share capital of the co-operative.
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> > (5) This section has effect subject to section 100.