Requirements regarding formation meeting
22 Requirements regarding formation meeting
At the formation meeting for a proposed co-operative—
the proposed rules of the co-operative approved under section 24 for the proposed co-operative, including active membership provisions, must be passed by two-thirds of the proposed members of the proposed co-operative attending the meeting; and
in the case of—
a proposed distributing co-operative; or
a proposed non-distributing co-operative that is the subject of a direction under section 23 (2) (a);
a formation disclosure statement approved under section 25 must be presented to the meeting; and
the proposed members of the proposed co-operative must sign the application for membership; and
the proposed members must elect the first directors of the proposed co-operative under the proposed rules; and
the proposed members must authorise a person—
to apply to the Registrar for registration of the proposed co-operative; and
to do anything necessary to have the proposed co-operative registered.
The formation meeting must be held by—
in the case of a co-operative group—not less than 2 co-operatives suitably qualified to be members of the proposed co-operative group; or
in the case of any other co-operative—not less than 5 persons, or if a lesser number than 5 is approved by the Registrar not less than the approved number of persons, suitably qualified to be members of the proposed co-operative.
For the purposes of subsection (2), a person (including a co-operative) is suitably qualified to be a member if—
there are reasonable grounds to believe the person will be an active member of the proposed co-operative; and
in the case of an individual—the person is an adult; and
the person satisfies any other requirements for membership in the proposed rules.
Each co-operative forming a proposed co-operative group may be represented at the formation meeting by one person.
An approval under subsection (2) may be given in relation to a particular co-operative or class of co-operatives or to all co-operatives.
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