Co-operatives National Law (South Australia) Act 2013
Div 4Registration of proposed co‑operative
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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; (d) there must be no reasonable cause for refusing registration of the proposed co‑operative. (3) If the Registrar is not satisfied that the requirements for registration of the co‑operative have been met, the Registrar may refuse to register the co‑operative and its rules. (4) The Registrar must give to the applicant written notice of the refusal and the reasons for the refusal. 28—Incorporation and certificate of registration (1) A co‑operative becomes a corporation on being registered. (2) On the registration of the co‑operative, the Registrar must issue a certificate of registration.