NSWIn ForceAct
Co-operatives (Adoption of National Law) Act 2012
476Requirements before application can be made
Start here
Get a plain-English read of 476
Turn the raw legal text into a practical explanation grounded in Co-operatives (Adoption of National Law) Act 2012.
#### 476 Requirements before application can be made
476 Requirements before application can be made
> > (1) Before a local co-operative and a participating co-operative can apply for approval under this Part of a merger or transfer of engagements, the proposed merger or transfer must have been approved by each of the co-operatives—
> >
> > > (a) by a special resolution passed by special postal ballot; or
> >
> > > (b) if permitted by subsection (2), by a special resolution, or by a resolution of the board, of the co-operative.
>
> > (2) The proposed merger or transfer of engagements may be approved by special resolution, or by resolution of the board, of the co-operative if—
> >
> > > (a) the local Registrar consents to that procedure applying in the particular case; and
> >
> > > (b) the participating Registrar also consents to that procedure applying in the particular case.
>
> > (3) A consent referred to in subsection (2) may be granted subject to conditions, including any condition that a disclosure statement be provided to members or directors.
>
> > (4) A co-operative that contravenes a condition of a consent is taken not to have been given consent.