Div 4Registration of proposed co-operative

Division 4 Registration of proposed co-operative

26 Application for registration of proposed co-operative

(1) An application for registration of a proposed co-operative (other than an existing corporation) must:

(a) be made in the approved form; and

(b) be accompanied by the fee:

(ii) prescribed by the local regulations; and

(c) be signed by:

(i) in the case of a co-operative group—at least 2 directors; and

(ii) in the case of any other proposed co-operative—at least 5, or if a lesser number than 5 is approved by the Registrar at least the approved number of, suitably qualified members, including 2 directors elected at the formation meeting; and

(d) be accompanied by:

(i) 2 copies of the proposed rules signed and certified by the persons who acted as chairperson and secretary at the formation meeting; and

(ii) in the case of:

(A) a proposed distributing co-operative; or

(B) a proposed non-distributing co-operative that is subject to a direction under section 23 (2);

a copy of the formation disclosure statement presented to the formation meeting signed and certified by the persons who acted as chairperson and secretary at the formation meeting; and

(iii) a statement listing the name, address, occupation and place and date of birth of each director; and

(iv) a statement of the address (located in this jurisdiction) of the co-operative’s registered office or proposed registered office; and

(v) any other particulars the Registrar may require in a particular case.

(2) The application must be filed with the Registrar within 2 months after closure of the formation meeting for the proposed co-operative or within the extended period that the Registrar may allow.

27 Registration of proposed co-operative

(1) If an application is made under this Division for registration of a proposed co-operative, the Registrar must register the co-operative and its rules if the Registrar is satisfied that the requirements for registration of the co-operative have been met.

(2) The requirements for registration of a co-operative under this Division are as follows:

(a) the proposed rules of the proposed co-operative must be the rules approved by the Registrar under section 24;

(b) the requirements of this Law must have been complied with in relation to the proposed co-operative;

(c) the proposed co-operative must be designed to function under the co-operative principles or, if it is not designed to function entirely under the co-operative principles, the Registrar must be satisfied there are special reasons why the co-operative should be registered under this Law;