New South Wales Consolidated Regulations

CO-OPERATIVES REGULATION 2005 - REG 37

37 Application of Act and regulations to foreign co-operatives

(1) For the purposes of section 369J of the Act:

(a) the following provisions of the Act and this Regulation are prescribed in relation to a participating co-operative:

(i) Division 4 of Part 1,

(ii) sections 258 and 264,

(iii) section 325 (but only to the extent that it applies Parts 5.4, 5.4B and 5.6 of the Corporations Act in relation to the winding up of a participating co-operative in insolvency),

(iv) sections 407 and 440A,

(v) clause 56,

(b) the following provisions of the Act and this Regulation are prescribed in relation to a non-participating co-operative:

(i) Divisions 3 and 4 of Part 1,

(ii) sections 13 (2), 14 and 15,

(iii) Part 3,

(iv) Division 5 of Part 4,

(v) sections 106, 108, 109A, 253, 254 and 258,

(vi) Division 1 of Part 10,

(vii) Part 12 (except Divisions 1 and 3)

(viii) Parts 13 and 16,

(ix) section 440A,

(x) clause 56.

(2) For the purposes of section 369J, section 258 is modified in its application to a foreign co-operative to require the name of the foreign co-operative, when appearing as required by section 258 (1) (b) or (c), to indicate the State, Territory or country in which the foreign co-operative was originally registered or incorporated.