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s 326

Revocation of appointment

In force
Part 12Merger, transfer of engagements, winding‑up
Division 4Administration
Subdivision 3Administration: alternative procedure

326 Revocation of appointment

(1)

An administrator holds office until the administrator’s appointment is revoked.

(2)

The Registrar may, by written notice, revoke the appointment of an administrator.

(3)

When a liquidator of a co‑operative is appointed, the appointment of any administrator of the co‑operative is automatically revoked.

(4)

Immediately on the revocation of an administrator’s appointment, the administrator must prepare and submit a report to the Registrar showing how the administration was carried out, and for that purpose an administrator has access to the co‑operative’s books.

(5)

On giving the report and accounting fully for the administration of the co‑operative to the satisfaction of the Registrar, the administrator is released from any further duty to account for the administration of the co‑operative other than on account of fraud, dishonesty, negligence or wilful failure to comply with this Act.

(6)

Before revoking the appointment of an administrator of a co‑operative, the Registrar must —

(a)

appoint another administrator; or

(b)

appoint a liquidator; or

(c)

ensure that directors of the co‑operative have been elected in accordance with the rules of the co‑operative at a meeting called by the administrator in accordance with those rules; or

(d)

appoint directors of the co‑operative.

(7)

Directors elected or appointed under subsection (6) —

(a)

take office on revocation of the administrator’s appointment; and

(b)

in the case of directors appointed under subsection (6), hold office until the next annual general meeting of the co‑operative after the revocation of that appointment.

[Section 326 amended: No. 7 of 2016 s. 118.]

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