Co‑operative companies and registered societies to register under this Act
496 Co‑operative companies and registered societies to register under this Act
Unless subsection (2) applies, a co‑operative company or a registered society must apply for registration under Part 2 Division 5 not later than 3 months before the end of the transition period.
A co‑operative company or a registered society is not required to register as a co‑operative under this Act if it has —
applied for incorporation under another written law, and not had that application refused; or
in the case of a co‑operative company, applied to the Court for an order under the Companies (Co‑operative) Act 1943 Part IV Division 12 sanctioning a scheme for reconstruction or amalgamation that will, when implemented, result in the dissolution of the company, and not had that application refused; or
in the case of a registered society, passed a special resolution under the Co‑operative and Provident Societies Act 1903 section 41 or 42 to amalgamate or transfer its engagements and is proceeding to give effect to that resolution; or
in the case of a registered society, voted under the Co‑operative and Provident Societies Act 1903 section 46 to dissolve the society and is proceeding towards dissolution; or
commenced to be wound‑up.
The Companies (Co‑operative) Act 1943 section 176A does not prevent a co‑operative company from becoming registered as a co‑operative under this Act.
The Co‑operative and Provident Societies Act 1903 section 42 does not prevent a registered society from becoming registered as a co‑operative under this Act.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.