455Grounds for appointment of administrator, transfer of engagements or winding up of co-operative

#### 455 Grounds for appointment of administrator, transfer of engagements or winding up of co-operative 455 Grounds for appointment of administrator, transfer of engagements or winding up of co-operative > > (1) This section applies to the following actions— > > > > > (a) the appointment of an administrator of a co-operative by the Registrar under Division 3 of Part 4.1; > > > > > (b) a direction by the Registrar to a co-operative to transfer its engagements under section 401; > > > > > (c) the winding up of a co-operative on a certificate of the Registrar under section 443. > > > (2) The necessary grounds for taking action to which this section applies exist if the Registrar certifies— > > > > > (a) the number of members is reduced to less than the minimum number of persons allowed by or under section 119; or > > > > > (b) the co-operative has not started business within one year of registration or has suspended business for more than 6 months; or > > > > > (c) the registration of the co-operative has been obtained by mistake or fraud; or > > > > > (d) the co-operative exists for an illegal purpose; or > > > > > (e) the co-operative has wilfully and after notice from the Registrar violated the provisions of this Law or the rules of the co-operative; or > > > > > (f) the board of the co-operative has, after notice from the Registrar, failed to ensure the rules of the co-operative contain active membership provisions required under Part 2.6; or > > > > > (g) there are, and have been for one month immediately before the date of the Registrar’s certificate, insufficient directors of the co-operative to form a quorum under the rules of the co-operative; or > > > > > (h) after an inquiry under this Law into the affairs of a co-operative or the working and financial condition of a co-operative—in the interests of members or creditors of the co-operative or the public, the action concerned should be taken. > > > (3) Alternatively, the necessary grounds for winding up a co-operative on a certificate of the Registrar exist if the Registrar certifies— > > > > > (a) the period (if any) fixed for the duration of the co-operative by its rules has ended; or > > > > > (b) an event (to be stated in the certificate) has occurred on the occurrence of which the National Regulations or the rules provide the co-operative is to be wound up. > > > (4) The Registrar must not certify under this section as to a matter unless the matter has been proved to the Registrar’s satisfaction.