New South Wales Consolidated Acts

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CO-OPERATIVES ACT 1992 - SECT 316

Application for transfer

316 Application for transfer

(cf Vic Act s 307)

(1) A co-operative may, if approved by special resolution by means of a special postal ballot, apply to become registered or incorporated as one of the following bodies corporate:
(a) a company under the Corporations Act,
(b) an incorporated association under the Associations Incorporation Act 1984 ,
(c) a building society,
(d) a credit union,
(e) a friendly society,
(f) any body corporate that is incorporated, registered or otherwise established under a law that is a law of a place outside the State and that is prescribed for the purposes of this section.
(2) Before an application is made, the co-operative must by special resolution passed by means of a special postal ballot:
(a) approve the proposed application, and
(b) determine under what name the co-operative is to apply to be incorporated or registered, and
(c) adopt any memorandum or articles of association or constitution, replaceable rules or other rules that may be necessary or considered desirable.
(3) The name applied for need not be the same as that of the co-operative and must not include the word “co-operative” or any other word importing a similar meaning.
(4) The Council may by order in writing exempt a co-operative from compliance with all or specified provisions of this section and section 194 (Special postal ballots) in relation to any matter to which this section applies, and any such exemption may be granted unconditionally or subject to conditions.
(5) For the avoidance of doubt, a co-operative is authorised for the purposes of section 601BC (8) (d) of the Corporations Act to become registered as a company under that Act if the co-operative applies for the transfer in accordance with the provisions of this Division.



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