South Australian Consolidated Acts

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CO-OPERATIVES ACT 1997 - SECT 144

144—Disclosure to intending shareholders in trading co-operative

        (1)         The board of a trading co-operative must give a person who intends to acquire shares in the co-operative and is not already a shareholder in the co-operative a current disclosure statement that—

            (a)         has been approved by the Commission under section 17; or

            (b)         complies with section 144A and has been filed by the co-operative with the Commission.

        (2)         The disclosure statement must be given before the person becomes bound to acquire the shares.

        (3)         The disclosure statement is in addition to any information required to be provided to the person under Part 4.

        (4)         A disclosure statement is current until whichever of the following happens first after the statement is prepared:

            (a)         a change in the rights or liabilities attaching to any class of share in the co-operative;

            (b)         a significant change in the financial position or prospects of the co-operative;

            (c)         any of the next financial, directors' or auditor's reports required to be prepared under section 233(1) become available.

        (5)         If a disclosure statement stops being a current disclosure statement because of a change mentioned in subsection (4)(a) or (b), the co-operative must, within 14 days after the change—

            (a)         give the Commission written notice—

                  (i)         that the disclosure statement is no longer current because of a change mentioned in subsection (4)(a); or

                  (ii)         that the disclosure statement is no longer current because of a change mentioned in subsection (4)(b); or

            (b)         file a current disclosure statement with the Commission that complies with section 144A.



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