New South Wales Consolidated Acts

CO-OPERATIVES ACT 1992 - SECT 192A

192A Decision of Registrar on application to register special resolution

(cf Vic Act s 198)

(1) If the Registrar is satisfied that the co-operative has complied with the provisions of this Act and the regulations, and that the resolution is not contrary to this Act or the regulations, the Registrar must register the resolution.

(2) If the Registrar is of the opinion that the effect of a special resolution lodged for registration would be in contravention of this Act or the regulations or any other law, the Registrar may:

(a) refuse to register the special resolution, and

(b) give written notice to the co-operative that the special resolution:

(i) has no effect, in the case of a special resolution referred to in section 190B (2), and

(ii) has no effect as from the date that it was passed, in any other case.

(3) A certificate of registration of a special resolution given by the Registrar is, in favour of any person giving financial accommodation to the co-operative on the faith of the certificate or in favour of any guarantor of that advance, conclusive evidence that the resolution was duly passed.