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s 134

Set off of amounts repaid etc. on forfeited shares

In force
Part 6Active membership
Division 5Entitlements of former members of distributing co‑operatives

134 Set off of amounts repaid etc. on forfeited shares

(1)

If a person has an entitlement because of the operation of section 133, the entitlement operates to end any liability of the co‑operative —

(a)

to repay to the person under section 127 any amount for the forfeited shares concerned; or

(b)

in respect of a deposit held by the co‑operative, or debentures allotted or issued to the person, or CCUs issued under section 127 for the forfeited shares concerned, except a liability to pay interest that is payable but unpaid.

(2)

If an amount has been repaid to a person under section 127 or 129, the amount repaid is to be set off against any entitlement of the person under section 132 for the forfeited shares concerned.

(3)

If the amount repaid cannot be set off against the entitlement because the entitlement is not, or is only partly, an entitlement to money, the entitlement is lost unless the person pays to the co‑operative the amount repaid to the person and does so within the period required under subsection (4).

(4)

If the circumstances referred to in subsection (3) arise, the co‑operative concerned must —

(a)

give written notice of the matter by post to the person concerned at the person’s address last known to the co‑operative, specifying a period of not less than 28 days after the notice is given during which any amount repaid must be paid to the co‑operative; and

(b)

publish a general notice to that effect in a newspaper circulating generally in the district in which the registered office of the co‑operative is situated.

[Section 134 amended: No. 7 of 2016 s. 198.]

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