Australian Capital Territory Repealed Acts

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This legislation has been repealed.

COOPERATIVES ACT 2002 (REPEALED) - SECT 384

Approval of merger

    (1)     If the territory registrar is the appropriate registrar, the territory registrar must approve a merger under this division if satisfied that—

        (a)     this division has been complied with in relation to the application for the merger; and

        (b)     the proposed rules of the merged cooperative are adequate; and

        (c)     the certificate of registration of the territory cooperative has been surrendered to the territory registrar; and

        (d)     for a merger with a participating cooperative—the certificate of registration of the participating cooperative has been surrendered to the registrar for the relevant participating State; and

        (e)     for a merger with a nonparticipating cooperative—the merged cooperative will comply with this Act; and

        (f)     there is no good reason why the merged cooperative and its rules should not be registered.

    (2)     If the territory registrar is not the appropriate registrar, the territory registrar must approve a merger under this division if satisfied that the merger has been approved under the provision of the cooperatives law of the participating State that corresponds with subsection (1).

    (3)     On approving a merger, the territory registrar must—

        (a)     cancel the registration of the territory cooperative involved in the merger; and

        (b)     if the merger is to result in a territory cooperative—register the merged cooperative 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 cooperative (whether under this Act or under the cooperatives law of the relevant participating State).



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