Co-operatives Act 2009

Before an application is made under section 305, the co‑operative must, by special resolution passed by means of a special postal ballot —

approve the proposed application; and

determine under what name the co‑operative is to apply to be incorporated or registered; and

adopt a constitution or replaceable rules or rules that may be necessary or considered desirable.

An application cannot be made under section 305 in respect of a co‑operative without share capital unless —

the application is made at least 2 weeks after a notice has been published in a newspaper circulating generally in the district in which the registered office of the co‑operative is situated advising of the proposal to submit the proposed special resolution to members of the co‑operative; and

either —

in the case where the new body will have share capital — all the members of the co‑operative will have an equal shareholding; or

in any case — the Registrar approves in writing the making of the application.

The name applied for need not be the same as that of the co‑operative and cannot include the word “co‑operative” or “cooperative” or another word importing a similar meaning.

The Registrar may, by order published in the Gazette, exempt a co‑operative from compliance with a provision of this section or section 186 in relation to a matter to which this section applies.

An exemption may be granted unconditionally or subject to conditions.