NSWIn ForceAct
Co-operatives (Adoption of National Law) Act 2012
204Certain financial accommodation to officers prohibited
Start here
Get a plain-English read of 204
Turn the raw legal text into a practical explanation grounded in Co-operatives (Adoption of National Law) Act 2012.
#### 204 Certain financial accommodation to officers prohibited
204 Certain financial accommodation to officers prohibited
> > (1) An officer of a co-operative who is not a director of the co-operative must not obtain financial accommodation from the co-operative other than—
> >
> > > (a) with the approval of a majority of the directors; or
> >
> > > (b) under a scheme about providing financial accommodation to officers that has been approved by a majority of the directors.
> >
> > Maximum penalty—$24,000 or imprisonment for 2 years, or both.
>
> > (2) For the purposes of this section, financial accommodation is taken to be obtained by an officer of a co-operative if it is obtained by—
> >
> > > (a) a proprietary company in which the officer is a shareholder or director; or
> >
> > > (b) a trust of which the officer is a trustee or beneficiary; or
> >
> > > (c) a trust of which a corporation is trustee if the officer is a director or other officer of the corporation.
>
> > (3) A co-operative must not give financial accommodation to an officer of the co-operative if—
> >
> > > (a) by giving the financial accommodation, the officer would contravene this section; and
> >
> > > (b) the co-operative knows or should reasonably know of the contravention.
> >
> > Maximum penalty (for subsection (3)): $50,000.