NSWIn ForceAct
Co-operatives (Adoption of National Law) Act 2012
477Disclosure statement required
Start here
Get a plain-English read of 477
Turn the raw legal text into a practical explanation grounded in Co-operatives (Adoption of National Law) Act 2012.
#### 477 Disclosure statement required
477 Disclosure statement required
> > (1) A special resolution of the local co-operative or participating co-operative is not effective for the purposes of this Part unless this section has been complied with.
>
> > (2) Each co-operative must send to each of its members a disclosure statement approved by the appropriate Registrar specifying the following—
> >
> > > (a) the financial position of the local co-operative and the participating co-operative as shown in financial statements that have been prepared as at a date that is not more than 6 months before the date of the statement;
> >
> > > (b) any interest that any officer of the local co-operative or the participating co-operative has in the proposed merger or transfer of engagements;
> >
> > > (c) any compensation or other consideration proposed to be paid, or any other incentive proposed to be given, to any officer or member of the local co-operative or participating co-operative in relation to the proposed merger or transfer of engagements;
> >
> > > (d) whether the proposal is a merger or transfer of engagements and the reason for the merger or transfer of engagements;
> >
> > > (e) in the case of a transfer of engagements—whether it is a total or partial transfer of engagements;
> >
> > > (f) in the case of a merger—whether the merged co-operative will result in a local co-operative or a co-operative under the co-operatives law of the participating jurisdiction concerned;
> >
> > > (g) any other information that the appropriate Registrar directs.
>
> > (3) The disclosure statement must be sent to the members of the local co-operative or participating co-operative so that it will in the ordinary course of post reach each member who is entitled to vote on the special resolution not later than—
> >
> > > (a) if the resolution is to be decided at a meeting—21 days before the date of the meeting; or
> >
> > > (b) if the resolution is to be decided by a postal ballot—21 days before the day on or before which the ballot papers must be returned by members voting in the ballot.
>
> > (4) The appropriate Registrar may exempt the local co-operative or participating co-operative from complying with this section.
>
> > (5) The appropriate Registrar may give an approval or an exemption under this section unconditionally or subject to conditions.