Western Australian Consolidated Acts

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COMPANIES (CO-OPERATIVE) ACT 1943 - SECT 55

55 .         Effect of irregular allotment

        (1)         An allotment made by a company to an applicant in contravention of the last 2 preceding sections shall be voidable at the instance of the applicant within one month after the holding of the statutory meeting of the company, or, if the company is not required to hold a statutory meeting or the allotment is made after the holding of the statutory meeting within 3 months after the date of allotment and not later, and shall be so voidable notwithstanding that the company is in course of being wound up.

        (2)         If any director of a company knowingly contravenes, or permits or authorises the contravention of, any of the provisions of sections 53 and 54 he shall be liable to compensate the company and the allottee respectively for any loss, damage, or costs which the company or the allottee may have sustained or incurred thereby:

                Provided that proceedings to recover any such loss, damages, or costs shall not be commenced after the expiration of 2 years from the date of the allotment.



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