Co-operatives Regulations 2010 (WA)

Western Australia Co-operatives Act 2009 Co-operatives Regulations 2010 Western Australia Co-operatives Regulations 2010 Contents 1. Citation 1 2. Commencement 1 3. Documents that are not debentures (section 4(1)) 1 3A. Small co‑operative (section 4(1)) 1 4. Corresponding co‑operatives laws (section 5A) 1 5. Content of rules (section 98) 1 6. Model rules prescribed (section 101) 1 7. Factors and considerations for determining primary activities, etc. (section 115) 1 8. Particulars for register of cancelled memberships (section 130) 1 9. Who is qualified to give certificate of value of assets (section 149) 1 9A. Postal ballots (section 185) 1 10. Disqualified persons (section 206C) 1 11. Secretary to ensure these provisions are not contravened (section 207A) 1 13. Particulars in registers to be kept by co‑operatives (section 230) 1 14. Inspection of registers etc. (section 232) 1 15. Notice of appointment etc. of directors and officers (section 234) 1 17. Unsuitable names (section 238) 1 17A. Use of name by exempted entities (sections 238 and 242) 1 18. Advertising a change of name of a co‑operative (section 241) 1 18A. Small co‑operative: reports where no members' direction (section 244H) 1 18B. Small co‑operative: reports where members require audit or review (section 244I) 1 18C. Contents of annual financial report: disclosures required by notes to consolidated financial statements (section 244K) 1 18D. Small co‑operative: annual reports for members (section 244V) 1 18E. Annual return to Registrar (section 244ZB) 1 18F. Synchronising financial years of co‑operative and controlled entities (section 244ZH) 1 19. Requirements and restrictions on deposit taking co‑operatives obtaining financial accommodation (section 245) 1 20. Compulsory loan by member to co‑operative (section 255) 1 22. Inspection of register of charges (section 267) 1 23. Copies of register of charges (section 267) 1 24. Limited dividend (section 271) 1 24A. Distribution of surplus or reserves to members: minimum rate of interest for loan when rebate paid as loan to co‑operative (section 271) 1 25. Acquisition and disposal of assets that require special postal ballots (section 273) 1 26. Particulars in notice of change of voting interest (section 275) 1 27. Particulars in notice of substantial share interest (section 276(1)) 1 28. Particulars in notice of change in substantial share interest (section 276(2)) 1 29. Particulars in notice of cessation of substantial share interest (section 276(3)) 1 30. Maximum fee for inspection of notifiable interests register (section 284) 1 30A. Requirements to be satisfied before offer can be made (section 290) 1 31. Application for transfer — prescribed law (section 305) 1 32. Security to be given by liquidator (section 314) 1 34. Information to be set out in an explanatory statement (section 349) 1 35. Manner of giving notice to dissenting shareholder (section 355) 1 36. Manner of giving notice to remaining shareholders (section 357) 1 37. Restrictions on advertising and publicity: shares (section 380C) 1 38. Restrictions on advertising and publicity: debentures or CCUs (section 380D) 1 38A. Information to appear on business and other documents (section 380) 1 38B. Form of notice requiring production of documents or attendance to answer questions (section 408) 1 39. Allowances and expenses for an involved person (section 429) 1 40. Documents relating to a co‑operative (section 457) 1 41. Exclusions — holders of prescribed offices 1 42. Fees 1 43. Registrar may waive fees in some circumstances 1 Schedule 1 — Model rules of a non‑distributing co‑operative without share capital 1. Terms used 1 2. Rules 1 3. Powers 1 4. Name 1 5. Active membership provisions 1 6. Qualifications for membership 1 7. Membership, subscriptions, periodic fees 1 8. Ceasing membership 1 9. Expulsion of members 1 10. Payments upon expulsion of member 1 11. Payments upon resignation of member 1 12. Suspension of members 1 13. Disputes and mediation 1 14. Fines payable by members 1 15. Liability of members to co‑operatives 1 16. Forfeiture and cancellations — inactive members 1 17. Death of member 1 18. Dealings of members with co‑operatives 1 19. Registration of Official Trustee in Bankruptcy 1 20. Registration as administrator of estate on incapacity of member 1 21. Entitlements and liabilities of person registered as trustee, administrator etc. 1 22. Transfer and transmission of debentures 1 23. Issue of CCUs 1 24. Transfer and transmission of CCUs 1 25. Annual general meetings 1 26. Special general meetings 1 27. Notice of general meetings 1 29. Business of general meetings 1 30. Quorum at general meetings 1 31. Chairperson at general meetings 1 32. Attendance and voting at general meetings 1 33. Voting on a show of hands 1 34. Voting on a poll 1 35. Determining the outcome where equality of votes 1 36. Proxy votes 1 37. Postal ballots 1 38. Special and ordinary resolutions 1 39. Board of directors 1 40. Qualifications of directors 1 41. Independent directors 1 42. Managing director 1 43. First and subsequent directors 1 44. Removal from office of member director 1 45. Vacation of office of director 1 46. Filling of casual vacancies 1 47. Remuneration 1 48. Proceedings of the board 1 49. Transaction of business outside board meetings 1 50. Quorum for board meetings 1 51. Chairperson of board 1 52. Delegation and board committees 1 53. Other committees 1 54. Minutes 1 55. Financial year 1 56. Seal 1 57. Custody and inspection of records and registers 1 58. Accounts 1 59. Safe keeping of securities 1 60. Appointing an auditor — co‑operatives 1 61. Appointing an auditor — small co‑operatives 1 62. Terms of appointment, remuneration and removal of auditors 1 63. Co‑operative funds 1 64. Provision for loss 1 65. Notices 1 66. Winding‑up 1 67. Schedule of charges 1 Schedule 2 — Model rules of a non‑distributing co‑operative with share capital 1. Terms used 1 2. Rules 1 3. Powers 1 4. Name 1 5. Active membership provisions 1 6. Qualifications for membership 1 7. Membership, subscriptions, periodic fees 1 8. Ceasing membership 1 9. Expulsion of members 1 10. Monetary consequences of expulsion 1 11. Suspension of members 1 12. Payments upon resignation of member 1 13. Disputes and mediation 1 14. Fines payable by members 1 15. Capital and shares 1 16. Liability of members to co‑operatives 1 17. Calls on shares 1 18. Sale of members' shares 1 19. Transfer and transmission of shares 1 20. Effect of sale, transfer or disposal of shares 1 21. Forfeiture and cancellations: inactive members 1 22. Forfeiture of shares 1 23. Forfeited shares 1 24. Forfeiture for non‑payment of subscription 1 25. Death of member 1 26. Dealings of members with co‑operatives 1 27. Charges on shares 1 28. Registration of Official Trustee in Bankruptcy 1 29. Registration as administrator of estate on incapacity of member 1 30. Entitlements and liabilities of person registered as trustee, administrator etc. 1 31. Transfer and transmission of debentures 1 32. Issue of CCUs 1 33. Transfer and transmission of CCUs 1 34. Annual general meetings 1 35. Special general meetings 1 36. Notice of general meetings 1 38. Business of general meetings 1 39. Quorum at general meetings 1 40. Chairperson at general meetings 1 41. Attendance and voting at general meetings 1 42. Voting on a show of hands 1 43. Voting on a poll 1 44. Determining the outcome where equality of votes 1 45. Proxy votes 1 46. Postal ballots 1 47. Special and ordinary resolutions 1 48. Board of directors 1 49. Qualifications of directors 1 50. Independent directors 1 51. Managing director 1 52. First and subsequent directors 1 53. Removal from office of member director 1 54. Vacation of office of director 1 55. Filling of casual vacancies 1 56. Remuneration 1 57. Proceedings of the board 1 58. Transaction of business outside board meetings 1 59. Quorum for board meetings 1 60. Chairperson of board 1 61. Delegation and board committees 1 62. Other committees 1 63. Minutes 1 64. Financial year 1 65. Seal 1 66. Custody and inspection of records and registers 1 67. Accounts 1 68. Safe keeping of securities 1 69. Appointing an auditor — co‑operatives 1 70. Appointing an auditor — small co‑operatives 1 71. Terms of appointment, remuneration and removal of auditors 1 72. Co‑operative funds 1 73. Provision for loss 1 74. Notices 1 75. Winding‑up 1 76. Schedule of charges 1 Schedule 3 — Model rules of a distributing co‑operative with share capital 1. Terms used 1 2. Rules 1 3. Powers 1 4. Name 1 5. Active membership provisions 1 6. Qualifications for membership 1 7. Membership, subscriptions, periodic fees 1 8. Ceasing membership 1 9. Expulsion of members 1 10. Monetary consequences of expulsion 1 11. Suspension of members 1 12. Payments upon resignation of member 1 13. Disputes and mediation 1 14. Fines payable by members 1 15. Capital and shares 1 16. Liability of members to co‑operatives 1 17. Calls on shares 1 18. Sale of members' shares 1 19. Transfer and transmission of shares 1 20. Effect of sale, transfer or disposal of shares 1 21. Forfeiture and cancellations: inactive members 1 22. Forfeiture of shares 1 23. Forfeited shares 1 24. Forfeiture for non‑payment of subscription 1 25. Death of member 1 26. Dealings of members with co‑operatives 1 27. Charges on shares 1 28. Registration of Official Trustee in Bankruptcy 1 29. Registration as administrator of estate on incapacity of member 1 30. Entitlements and liabilities of person registered as trustee, administrator etc. 1 31. Transfer and transmission of debentures 1 32. Issue of CCUs 1 33. Transfer and transmission of CCUs 1 34. Annual general meetings 1 35. Special general meetings 1 36. Notice of general meetings 1 38. Business of general meetings 1 39. Quorum at general meetings 1 40. Chairperson at general meetings 1 41. Attendance and voting at general meetings 1 42. Voting on a show of hands 1 43. Voting on a poll 1 44. Determining the outcome where equality of votes 1 45. Proxy votes 1 46. Postal ballots 1 47. Special and ordinary resolutions 1 48. Board of directors 1 49. Qualifications of directors 1 50. Independent directors 1 51. Managing director 1 52. First and subsequent directors 1 53. Removal from office of member director 1 54. Vacation of office of director 1 55. Filling of casual vacancies 1 56. Remuneration 1 57. Proceedings of the board 1 58. Transaction of business outside board meetings 1 59. Quorum for board meetings 1 60. Chairperson of board 1 61. Delegation and board committees 1 62. Other committees 1 63. Minutes 1 64. Financial year 1 65. Seal 1 66. Custody and inspection of records and registers 1 67. Accounts 1 68. Safe keeping of securities 1 69. Appointing an auditor — co‑operatives 1 70. Appointing an auditor — small co‑operatives 1 71. Terms of appointment, remuneration and removal of auditors 1 72. Co‑operative funds 1 73. Provision for loss 1 74. Notices 1 75. Winding‑up 1 76. Schedule of charges 1 Schedule 4 — Particulars to be included in registers 1. Register of members, directors and shares 1 2. Register of loans, securities given by, debentures issued by and deposits received by a co‑operative 1 3. Register of names of persons who have given loans or deposits to or hold securities or debentures given or issued by a co‑operative 1 4. Register of loans made or guaranteed by and securities taken by a co‑operative 1 4A. Register of CCUs 1 5. Register of memberships cancelled 1 Schedule 6 — Undesirable matter for names Schedule 7 — Information for explanatory statements 1. Terms used 1 2. Information about proposed compromise or arrangement with creditors 1 3. Information about proposed compromise or arrangement with members or class of members 1 Schedule 7A — Forms: notices about acquisition of shares Form 1 — Compulsory acquisition notice (s. 355(1)) Form 2 — Notice to remaining shareholders (s. 357(1)(a)) Schedule 7B — Form: notice under section 408(1) Form 1 — Notice requiring production of documents or attendance to answer questions (s. 408(1)) Schedule 9 — Holders of prescribed offices Schedule 10 — Fees 1. Fees and late filing fee 1 Notes Compilation table 1 Defined terms Co-operatives Act 2009 Co-operatives Regulations 2010