Western Australian Consolidated Acts

COMPANIES (CO-OPERATIVE) ACT 1943 - SECT 29

29 .         Power to dispense with “Limited” in name of charitable and other companies

        (1)         Where it is proved to the satisfaction of the Attorney General that an association formed or about to be formed as a limited company has been or is about to be formed for the purposes of recreation or amusement or for promoting commerce, art, science, religion, charity or any other useful object and intends to apply its profits (if any) or other income in promoting its objects and to prohibit the payment of any dividend to its members, the Attorney General may by license direct that the association be registered as a company with limited liability without the addition of the word “Limited” to its name, and the association may be registered accordingly.

        (2)         A license by the Attorney General under this section may be granted on such conditions as the Attorney General thinks fit, and those conditions shall be binding on the association, and shall, if the Attorney General so direct, be inserted in the memorandum and articles or in one of those documents.

        (3)         For every such license there shall be paid such fee as is prescribed.

        (4)         The association shall, on registration, enjoy all the privileges of limited companies, and be subject to all their obligations except those of using the word “Limited” as any part of its name, and of publishing its name and of filing with the Registrar the annual return mentioned in sections 112 and 113.

        (4a)         Notwithstanding anything contained in subsection (4), the Attorney General may on the written application of an association registered as a company under this section, exempt it from such of the provisions of this Act and for such period as he deems fit.

        (5)         A license under this section may at any time be revoked by the Attorney General, and upon revocation the Registrar shall enter the word “Limited” at the end of the name of the association upon the register, and the association shall cease to enjoy the exemptions and privileges granted by this section.

                Provided that before a license is so revoked, the Attorney General shall give to the association notice in writing of his intention and shall afford the association an opportunity of being heard in opposition to the revocation.

        [Section 29 amended by No. 73 of 1953 s. 2.]