Western Australian Current Acts

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CO-OPERATIVES ACT 2009 - SECT 359

359 .         Disposal of consideration for shares compulsorily acquired

        (1)         Amounts received by the transferor under this Division must be paid into a financial institution account established for the purpose of depositing those amounts, and the amounts, and any other consideration received, are to be held by the transferor in trust for the persons entitled to the shares in relation to which the amounts and other consideration were received.

        (2)         If an amount or other property received by the transferor under this Division has been held in trust by the transferor for a person for at least 2 years, the transferor must pay the amount or transfer the consideration, and any accretions to it and any property that may become substituted for it or for part of it, to the Registrar.

        (3)         Anything paid or transferred to the Registrar under subsection (2) is declared to be applied Corporations legislation matter for the purposes of the Corporations (Ancillary Provisions) Act 2001 Part 3 in relation to the provisions of the Corporations Act Part 9.7, subject to the following modifications —

            (a)         a reference in the provisions to unclaimed property is to be read as a reference to the thing paid or transferred to the Registrar under subsection (2);

        [(b), (c)         deleted]

            (d)         any other modifications, within the meaning of the Corporations (Ancillary Provisions) Act 2001 Part 3, that are prescribed by the regulations.

        (4)         The transferor must comply with subsection (2) before the end of 10 years after the day on which the amount was paid, or the consideration was allotted or transferred, to the transferor.

        [Section 359 amended: No. 7 of 2016 s. 123.]



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