South Australian Consolidated Acts South Australian Consolidated Acts (1) If the South
Australian Registrar is the appropriate Registrar, the South Australian
Registrar must approve a merger pursuant to an application under this Division
if satisfied that—
(a) this
Division has been complied with in relation to the application; and
(b) the
proposed rules of the merged co-operative are adequate; and
(c) the
certificate of registration of the South Australian co-operative has been
surrendered to the South Australian Registrar or has been lost or destroyed;
and
(d) in
the case of a merger with a participating co-operative—the certificate
of registration of the participating co-operative has been surrendered to the
Registrar for the participating State concerned; and
(e) in
the case of a merger with a non-participating co-operative—the merged
co-operative will comply with this Act; and
(f)
there is no good reason why the merged co-operative and its rules should not
be registered.
(2) If the
South Australian Registrar is not the appropriate Registrar, the
South Australian Registrar must approve a merger pursuant to an application
under this Division if satisfied that the merger has been approved under the
provision of the co-operatives law of the participating State that corresponds
with subsection (1).
(3) On approving an
application for merger, the South Australian Registrar must—
(a)
cancel the registration of the South Australian co-operative involved in the
merger; and
(b) if
the merger is to result in a South Australian co-operative—register the
merged co-operative and its rules and issue to it a certificate of
registration under this Act.
(4) A merger takes
effect on the issue of the certificate of registration for the merged
co-operative (whether under this Act or under the co-operatives law of the
participating State concerned).