Western Australian Current Acts

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CO-OPERATIVES ACT 2009 - SECT 278

278 .         Maximum permissible level of share interest

        (1)         A person cannot have a relevant interest in shares of a co-operative the nominal value of which is more than 20% of the nominal value of the issued share capital of the co-operative.

        (2)         The Registrar, by order published in the Gazette , may specify a maximum greater than 20% as the maximum permissible level of share interest for the purposes of subsection (1) for a particular co-operative.

        (3)         Unless an order under subsection (2) is in force, a co-operative, by its rules, may specify a maximum less than 20% as the maximum permissible level of share interest for the purposes of subsection (1) for that co-operative.

        (4)         The maximum permissible level of share interest applying under this section may be increased for a particular person by special resolution of the co-operative concerned passed by a special postal ballot.

        (5)         A resolution under subsection (4) does not have effect unless —

            (a)         it is approved by the Registrar; or

            (b)         the person concerned is another co-operative.

        (6)         The Registrar’s approval of the resolution may be given on conditions.



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