General nature of co‑operative capital units
257 General nature of co‑operative capital units
A co‑operative capital unit is an interest issued by a co‑operative conferring an interest in the capital, but not the share capital, of the co‑operative.
A CCU —
is personal property; and
is transferable or transmissible as provided by this Act and the rules of the co‑operative, subject to the terms of issue of the CCU; and
is, subject to the rules of the co‑operative, capable of devolution by will or by operation of law.
Subject to subsection (2) —
the laws applicable to ownership of and dealing with personal property apply to a CCU as they apply to other property; and
equitable interests in respect of a CCU may be created, dealt with and enforced as in the case of other personal property.
A transferor of a CCU remains the holder of the CCU until the transfer is registered and the name of the transferee, and the details of the transferee’s CCU holding, are entered in the register of CCU holders referred to in section 230(1).
Despite any rule of law or equity to the contrary, a condition subject to which a CCU is issued is not invalid merely because the CCU is, by the condition, made irredeemable or redeemable only on the happening of a contingency however remote or at the end of a period however long.
[Section 257 amended: No. 7 of 2016 s. 92.]
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