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s 395

Approval of transfer of engagements

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Part 14Participating co‑operatives
Division 5Mergers and transfers of engagements affecting participating co‑operatives

395 Approval of transfer of engagements

(1)

If the State Registrar is the appropriate Registrar, he or she must approve a transfer of engagements pursuant to an application under this Division if satisfied that —

(a)

this Division has been complied with in relation to the application; and

(b)

the rules or proposed rules of the transferee co‑operative are adequate; and

(c)

in the case of a total transfer of engagements from a participating co‑operative, the certificate of registration of the participating co‑operative has been surrendered to the participating Registrar; and

[(d), (e) deleted]

(f)

there is no good reason why the transfer of engagements should not take effect.

(2)

If the State Registrar is not the appropriate Registrar, he or she must approve a transfer of engagements pursuant to an application under this Division if satisfied that the transfer has been approved under the provision of the corresponding co‑operatives law of the participating jurisdiction that corresponds with subsection (1).

(3)

A transfer of engagements takes effect on the day specified in the approval of the State Registrar.

[Section 395 amended: No. 7 of 2016 s. 150.]

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