Northern Territory Consolidated Regulations

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CO-OPERATIVES REGULATIONS - REG 18

Fund raising to be in accordance with Act and regulations

    (1)     This regulation applies to a co-operative that is a deposit taking co-operative.

    (2)     For the purposes of section 253 of the Act, a deposit taking co-operative is restricted from accepting money on deposit from persons other than its members and employees.

    (3)     Subregulation (2) does not apply to persons who had a current deposit or deposits with a deposit taking co-operative at the commencement of this regulation for as long as they continue to be a depositor with that co-operative.

    (4)     A deposit taking co-operative must provide a depositor with a copy of a current disclosure statement prior to the first deposit made by the depositor after the commencement of this regulation and, thereafter, at least once in each period of 12 months.

    (5)     A current disclosure statement is a disclosure statement that:

        (a)     has been submitted to and registered by the Registrar;

        (b)     has not, within 23 days after the date on which it was submitted to the Registrar, been the subject of a direction by the Registrar under section 256 of the Act;

        (c)     complies with any such direction given by the Registrar;

        (d)     complies with any conditions imposed by the Registrar under subregulation (7); and

        (e)     is not more than 12 months old.

    (6)     A disclosure statement that is submitted to the Registrar under subregulation (5) must contain:

        (a)     a statement of the assets and liabilities of the co-operative;

        (b)     a statement of the financial position of the co-operative;

        (c)     a profit and loss statement for the co-operative; and

        (d)     such other information as the Registrar directs.

    (7)     The Registrar may register a disclosure statement submitted under this regulation with or without conditions.

    (8)     The Registrar may require a deposit taking co-operative to give to a depositor, within such time as the Registrar may determine, a document of a kind referred to in regulation 5(a).

    (9)     This regulation does not apply to the acceptance of money in connection with the issue by the co-operative of debentures.

    (10)     This regulation does not apply to the acceptance by a co-operative of a deposit of money in connection with goods or services to be supplied by the co-operative in the ordinary course of business.



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