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s 497

Decision of Registrar to register co‑operative company or registered society

In force
Part 19Transitional and savings provisions
Division 3Transfer to incorporation under this Act

497 Decision of Registrar to register co‑operative company or registered society

(1)

If a co‑operative company or a registered society fails to comply with section 496(1) the Registrar may decide to register —

(a)

the company or society as a co‑operative bearing the corporate name determined by the Registrar; and

(b)

rules for the co‑operative, the content of which is determined by the Registrar under subsection (2).

(2)

The rules for the co‑operative are the model rules amended —

(a)

as the Registrar considers necessary having regard to the circumstances of the co‑operative; and

(b)

in the case of a co‑operative company, to comply with the Companies (Co‑operative) Act 1943 section 176C.

(3)

If the Registrar decides under this section to register a co‑operative company or registered society as a co‑operative the Registrar must —

(a)

ensure registration under the former Act is cancelled; and

(b)

issue to the co‑operative a certificate of registration, and a copy of its rules; and

(c)

publish notice of the issue of the certificate in the Gazette.

(4)

On issue of the certificate of registration —

(a)

registration and incorporation take effect; and

(b)

section 35 applies as if a co‑operative company or registered society registered under this section was a corporation registered under Part 2 Division 5.

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