Western Australian Numbered Acts

CO-OPERATIVES ACT 2009 (NO. 24 OF 2009) - SECT 22

22 .         Formation meeting and transitional provision

        (1)         Before applying for registration as a co-operative, a corporation must pass a special resolution in accordance with its constitution approving of —

            (a)         the proposed registration; and

            (b)         any alterations of its existing constitution necessary to enable the corporation to comply with this Act.

        (2)         At the meeting to pass the special resolution —

            (a)         the proposed rules of the proposed co-operative approved under section 17, and including active membership provisions in accordance with Part 6, must also be passed by special resolution; and

            (b)         in the case of a proposed distributing co-operative, a disclosure statement approved under section 16 must be presented to the meeting.

        (3)         For a corporation that on registration under this Division will be a transferred co-operative, the requirement to pass a special resolution approving the proposed registration and the proposed rules is satisfied if the resolution complies with section 177(1)(a) or (b), and (3).

        (4)         Despite subsection (3), if a transferred co-operative would be registered with rules that give effect to a conversion from being a non-distributing co-operative to a distributing co-operative, or vice versa, the requirement to pass a special resolution is not satisfied unless the resolution is passed in accordance with the requirements in section 177(1)(c).