New South Wales Consolidated Acts

CO-OPERATIVE HOUSING AND STARR-BOWKETT SOCIETIES ACT 1998 - SECT 50

50 Registration

(1) A proposed society formed under this Part may apply to the Registrar, in accordance with the regulations, to be registered under this Act as a society and authorised to operate either as a co-operative housing society or as a Starr-Bowkett society.

(2) An application for registration must:

(a) be made within 2 months after the formation meeting at which the first directors of the society were elected, and

(b) be accompanied by:

(i) a statutory declaration by the person presiding at the formation meeting and the secretary of the meeting stating that the requirements of section 49 (Formation of co-operative housing and Starr-Bowkett societies) have been complied with, and

(ii) a copy of the statement presented to the meeting, signed by the person presiding and the secretary, and

(iii) 2 copies of the proposed rules of the society, certified by the person presiding and the secretary to be the rules approved at the meeting, and

(iv) a list containing the full name, date and place of birth, residential address and business occupation of each director, and

(v) a list containing the full name, address and occupation of each of 7 or more adults who attended the meeting and applied for membership and (if applicable) shares, and

(vi) written estimates of all income and expenditure and capital flows over each of the first 3 years of operation of the society, and

(vii) such evidence as the Registrar requires:

(A) that the society is eligible for registration, and

(B) that the society, if registered, will be able to comply with this Act and all applicable standards, and

(C) that the society, if registered, will be able to carry out its objects successfully.

(3) The Registrar may, for the purposes of this section, accept a statutory declaration as sufficient evidence of matters mentioned in the declaration.

(4) If the Registrar is satisfied that the society is eligible for registration, the Registrar must:

(a) register the society and its proposed rules, and

(b) authorise the society to operate either as a co-operative housing society or a Starr-Bowkett society, but not both.

(5) A society is eligible for registration only if:

(a) the society’s application for registration complies with this Act, and

(b) the proposed rules of the society are not contrary to this Act, and

(c) there are reasonable grounds for believing that the society will, if registered:

(i) be able to comply with all applicable standards and applicable character requirements, and

(ii) be able to carry out its objects successfully, and

(d) there is no good reason why the society and its rules should not be registered.