Western Australian Current Acts Western Australian Current Acts (1) Before a State
co-operative and a participating co-operative can apply for approval under
this Division of a merger or transfer of engagements, the proposed merger or
transfer must have been approved by each of the co-operatives by —
(a) a
special resolution passed by special postal ballot; or
(b) if
permitted by subsection (3), by a special resolution, or by a resolution of
the board, of the co-operative.
[(2) deleted]
(3) The proposed
merger or transfer of engagements may be approved by special resolution, or by
a resolution of the board, of the co-operative if —
(a) the
State Registrar consents to that procedure applying in the particular case;
and
(b) the
participating Registrar also consents to that procedure applying in the
particular case.
(4) A consent referred
to in subsection (3) may be granted subject to conditions, including a
condition that a disclosure statement be provided to members or directors.
(5) A co-operative
that contravenes a condition of a consent is taken not to have been given
consent.
[Section 391 amended: No. 7 of 2016 s. 146.]