South Australian Consolidated Acts

CO-OPERATIVES ACT 1997 - SECT 25

25—Requirements for registration

        (1)         When an application is made for registration of a co-operative under this Division, the Commission must register the body corporate as a co-operative under this Act and register its rules under this Act if the Commission is satisfied that the requirements for registration of the co-operative have been met.

        (2)         The requirements for registration of a co-operative under this Division are as follows:

            (a)         the proposed rules of the proposed co-operative must be the rules approved by the Commission under section 18; and

            (b)         the name of the proposed co-operative—

                  (i)         must comply with the requirements of this Act; and

                  (ii)         must not be such as is likely to be confused with the name of any other body corporate or any registered business name; and

                  (iii)         must not be undesirable as a name for a registered co-operative; and

                  (iv)         must conform with any direction of the Minister relating to the names of registered co-operatives; and

            (c)         the other requirements of this Act and the regulations must have been complied with in respect of the proposed co-operative and compliance must be likely to continue; and

            (d)         there must be no reasonable cause for refusing registration of the proposed co-operative.

        (3)         If the Commission is not satisfied that the requirements for registration of the co-operative have been met the Commission may refuse to register the co-operative and its rules.

        (4)         If the Commission has determined under this section to register a body corporate under this Act, the body corporate must notify the authority responsible for registering the body corporate under the law under which it was previously registered of that determination.

        (5)         Despite anything to the contrary in this Division, the registration of a body corporate as a co-operative does not take effect until the body corporate ceases to be registered under the law under which it was previously registered.

        (6)         The body corporate must notify the Commission in writing within 7 days after ceasing to be registered under that other law.