Western Australian Current Acts

CO-OPERATIVES ACT 2009 - SECT 182

182 .         Decision of Registrar on application to register special resolution

        (1)         If the Registrar is satisfied that the co-operative has complied with this Act, and that a special resolution passed by special postal ballot is not contrary to this Act, the Registrar must register the special resolution.

        (2)         If the Registrar considers that the effect of a special resolution lodged for registration would be in contravention of this Act or any other law, the Registrar —

            (a)         may refuse to register the special resolution; and

            (b)         must give written notice to the co-operative that the special resolution —

                  (i)         in the case of a special resolution referred to in section 180(2), has no effect; and

                  (ii)         in any other case, has no effect as from the date that it was passed.

        (3)         A certificate of registration of a special resolution given by the Registrar is, in favour of any person advancing money to the co-operative on the faith of the certificate or in favour of any guarantor of that advance, evidence that the resolution was properly passed.