Co-operatives Act 2009

This section applies to the following actions —

a direction by the Registrar to a co‑operative to transfer its engagements under section 304;

the appointment of an administrator of a co‑operative by the Registrar under Division 4 Subdivision 3;

the winding‑up of a co‑operative on a certificate of the Registrar under section 314.

The necessary grounds for taking action to which this section applies exist if the Registrar certifies that —

the number of members is reduced to less than the minimum number of persons allowed under section 65; or

the co‑operative has not commenced business within one year of registration or has suspended business for more than 6 months; or

the registration of the co‑operative has been obtained by mistake or fraud; or

the co‑operative exists for an illegal purpose; or

the co‑operative has wilfully, and after notice from the Registrar, violated the provisions of this Act or of the rules of the co‑operative; or

the board of the co‑operative has, after notice from the Registrar, failed to ensure that the rules of the co‑operative contain active membership provisions in accordance with Part 6; or

there are, and have been, for one month immediately before the date of the Registrar’s certificate, insufficient directors of the co‑operative to form a quorum in accordance with the rules of the co‑operative; or

after an inquiry under this Act into the affairs of a co‑operative or the working and financial condition of a co‑operative, that in the interests of members or creditors of the co‑operative or the public the action concerned should be taken.

Alternatively, the necessary grounds for winding‑up a co‑operative on a certificate of the Registrar exist if the Registrar certifies that —

the period, if any, fixed for the duration of the co‑operative by its rules has ended; or

an event, to be specified in the certificate, has occurred on the occurrence of which the regulations or the rules provide that the co‑operative is to be wound‑up.

The Registrar cannot certify under this section as to any matter unless the matter has been proved to the Registrar’s satisfaction.