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s 23

Application for registration

In force
Part 2Formation
Division 5Registration of an existing corporation

23 Application for registration

(1)

An application for registration under this Division must be —

(a)

in the form approved by the Registrar; and

(b)

accompanied by the fee prescribed by the regulations; and

(c)

accompanied by —

(i)

a written declaration, signed no more than 28 days before the application for registration by the directors or the committee of management of the corporation, stating that at a meeting of the directors or committee they formed the opinion that the corporation will be able to pay its debts as they fall due; and

(ii)

a report in the form approved by the Registrar as to the affairs of the corporation and showing its assets and liabilities, made up to the latest practicable date before the application; and

(iii)

a copy of the constitution of the corporation in force at the date of the application; and

(iv)

2 copies of the proposed rules of the co‑operative, certified in writing by the directors or the committee of management to have been approved under section 22(1) by resolution; and

(v)

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 16(2B) — a copy of the disclosure statement presented to the meeting held under section 22, certified in writing by the directors or committee of management of the corporation to have been presented to that meeting; and

(vi)

a list containing the name, address, occupation and place and date of birth of each director; and

(vii)

evidence to the satisfaction of the Registrar of the incorporation of the existing corporation; and

(viii)

a statement setting out the connection that the proposed co‑operative would have to this State; and

(ix)

a statement of the address of the co‑operative’s registered office or proposed registered office; and

(x)

any other particulars that the Registrar may require.

[(2) deleted]

[Section 23 amended: No. 7 of 2016 s. 17.]

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