New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clauses 9 and 14)
(1) The register of members, directors and shares of a co-operative must contain the following particulars for each member:(a) the name and address of each member,(b) the date on which each member was admitted to the co-operative,(c) the folio reference to the minute evidencing the board’s decision to admit the member,(d) if the co-operative has share capital, a statement in respect of each member by whom shares are held of:(i) the number of shares held beneficially and non-beneficially, and(ii) the identifying number of each share held, and(iii) the date on which the shares were allotted, and(iv) the amount paid or agreed to be considered as having been paid on the shares,(e) the date of and circumstances under which the member’s membership ceased (if applicable),(f) if shares are purchased pursuant to section 172 (1) of the Act, a statement of the number of shares purchased and the date on which the shares were purchased,(g) if shares are forfeited pursuant to section 290 of the Act, a statement of the number of shares forfeited and the date on which forfeiture was effected,(h) if there is a conversion to a co-operative without share capital, the date of the repayment of the share capital or the date of disposal and the name and address of the person or body to whom the share capital was repaid.
(2) The register of members, directors and shares of a co-operative must contain the following particulars for each director:(a) the name, any former names, date of birth, and residential address of each director,(b) the date of that person’s election or appointment as a director,(c) whether the director is a non-member director,(d) the date of termination of office (if applicable),(e) the mode of termination of office (if applicable).
(1) The register of loans to, securities given by, debentures issued by and deposits received by a co-operative is required to contain the following particulars for each loan:(a) the name of the person by whom the loan is made,(b) the amount of the loan,(c) the date on which the loan was received by the co-operative,(d) the folio reference to the minute evidencing the board’s decision to accept the loan,(e) a reference identifying the account created for the loan,(f) the date of each payment made in relation to the loan and the amount of each payment so made,(g) if the loan is secured by way of mortgage of real property, the address and particulars of title of the property and a reference identifying the mortgage agreement,(h) if the loan is secured otherwise than by way of a mortgage of real property, particulars of the security given and a reference identifying the agreement that evidences that security,(i) the location of the documents relating to the security given in respect of the loan,(j) particulars of any movement of those documents from that location,(k) the date of the final repayment made in relation to the loan.
(2) The register of loans to, securities given by, debentures issued by and deposits received by a co-operative must contain the following particulars for each debenture issued:(a) the name and address of each person to whom a debenture is payable,(b) the number and series of the debenture,(c) the date of its issue,(d) the amount of the debenture,(e) the rate of interest,(f) the dates of payment of principal,(g) the place of payment,(h) the name of the trustee (if applicable),(i) the ledger folio,(j) the name, address and occupation of any transferor,(k) the date of any transfer,(l) the redemption value.
(3) The register of loans to, securities given by, debentures issued by and deposits received by a co-operative must contain the following particulars for each deposit received by the co-operative:(a) the name and address of the depositor,(b) the date of receipt,(c) the amount deposited,(d) the rate of interest (if any),(e) the amount repaid,(f) the date of conversion to shares or debentures (if applicable),(g) the due date for repayment,(h) the balance owing (if any).
The register of names of persons who have given loans or deposits to or hold securities or debentures given or issued by a co-operative must contain the following particulars for each person:
(a) the full name and any former names of the person,
(b) the address of the person,
(c) whether the person:(i) has given a loan or deposit to the co-operative, or(ii) holds securities given by the co-operative, or(iii) holds debentures issued by the co-operative,
(d) a reference to the relevant entry in the register of loans to, securities given by, debentures issued by and deposits received by the co-operative.
(1) The register of loans made by or guaranteed by a co-operative and of any securities taken by a co-operative must contain the following details for each loan made:(a) the name of each person to whom a loan is made,(b) the amount of the loan,(c) the date on which the loan was approved,(d) the folio reference to the minute evidencing the board’s decision to make the loan,(e) a reference identifying the account created for the loan,(f) the date of each advance made in relation to the loan and the amount of each advance so made,(g) if the loan is secured by way of mortgage of real property, the address and particulars of title of the property and a reference identifying the mortgage agreement,(h) if the loan is secured otherwise than by way of a mortgage of real property, particulars of the security taken and a reference identifying the agreement that evidences that security,(i) the location of the documents relating to the security taken in respect of the loan,(j) particulars of any movement of those documents from that location,(k) the date of the final repayment made in relation to the loan.
(2) The register of loans made by or guaranteed by a co-operative and of any securities taken by a co-operative must contain the following particulars for each loan guaranteed by the co-operative:(a) the name of the member,(b) the name of the lender,(c) the amount of the loan,(d) the date of the guarantee,(e) the folio reference to the minutes evidencing the board’s decision to guarantee the loan,(f) if the loan is secured by way of mortgage of real property, the address and particulars of title of the property and a reference identifying the mortgage agreement,(g) if the loan is secured otherwise than by way of a mortgage of real property, particulars of the security taken and a reference identifying the agreement that evidences that security,(h) the location of the documents relating to the security taken in respect of the loan,(i) particulars of any movement of those documents from that location,(j) the due date for repayment.
The register of CCUs issued by a co-operative must contain the following particulars for each CCU:
(a) the date of the resolution approving the terms of issue,
(b) the name, address and occupation of the holder,
(c) the number and series of the CCU,
(d) the face value of the CCU,
(e) the rate of interest and the nature of the interest (whether cumulative or non-cumulative),
(f) the date of payment of interest,
(g) the ranking for priority of payment of capital and interest on a winding up of the co-operative,
(h) the entitlement (if any) to surplus assets and profits on a winding up of the co-operative,
(i) if transferred, the name, address and occupation of the transferee,
(j) the redemption value (if known),
(k) the date and manner of redemption.
(1) The register of memberships cancelled under Part 6 of the Act must contain the following particulars for each member whose membership is cancelled:(a) the name of the member,(b) if the whereabouts of the member are known:(i) the date of the member’s last active dealing with the co-operative, and(ii) the date of giving the required notice to the member,(c) the date and folio number of the board’s resolution cancelling membership.
(2) The register of memberships cancelled under Part 6 of the Act must, if the co-operative has a share capital, contain the following additional particulars for each member whose membership is cancelled:(a) the amount subscribed in respect of the shares forfeited,(b) if the whereabouts of the member are unknown:(i) the date when the required period of the member’s whereabouts being unknown commenced, and(ii) if the amount required to be repaid to the member in respect of the cancelled membership exceeds $50, the date of publication of the required notice in a newspaper and the name of the newspaper,(c) the date and folio number of the board’s resolution forfeiting the shares,(d) if the date fixed by the board resolution for repayment of the amount paid up on shares is within 12 months of forfeiture:(i) the date of repayment, or(ii) the date and nature of the application of the amount under section 134 (2) of the Act,(e) if the amount due is to be transferred to a debenture or deposit account:(i) the date of transfer to such an account, and(ii) the date of repayment.
The register of fixed assets of a co-operative must contain the following particulars for each fixed asset:
(a) a short description of the fixed asset,
(b) the method of financing any fixed asset that is leased,
(c) the physical location of the asset,
(d) the date of its purchase or installation,
(e) the manner in which depreciation is calculated,
(f) the annual percentage at which depreciation is calculated,
(g) the annual amount of depreciation or amortisation,
(h) the total amount of depreciation or amortisation,
(i) the revaluation increment,
(j) the sale price,
(k) the date sold.
The register of subordinated debt must contain the following particulars for each subordinated debt incurred:
(a) the name and address of the person to whom the debt is owed,
(b) the amount of the debt,
(c) the date on which the debt was incurred,
(d) the folio reference to the minute evidencing the board’s decision to incur the debt,
(e) a reference identifying the account created for the debt,
(f) the date of each payment made in relation to the debt and the amount of each payment made,
(g) the date of the final repayment made in relation to the debt.