(a) | the same or so similar to that of an existing co-operative that it may be misleading; or |
(b) | a name that is undesirable, prohibited or calculated to deceive, or otherwise, mislead. |
(2) | A co-operative must have the word— |
(a) | "co-operative" or "co-op" as part of its name in the case of a co-operative registered before the commencement of the Cooperatives Amendment Act, 2013; |
(b) | "Limited" or the abbreviation "Ltd" as the last word of its name, unless the constitution of a co-operative does not limit the liability of its members in respect of co-operatives registered before the commencement of the Co-operatives Amendment Act, 2013; and |
(c) | "co-op Limited" or "co-op Ltd" as the last words of its name in the case of a co-operative registered after the commencement of the Co-operatives Amendment Act, 2013. |
[Section 10(2) substituted by section 9(a) of Notice No. 558, GG 36729, dated 5 August 2013]
(3) | [Section 10(3) deleted by section 9(b) of Notice No. 558, GG 36729, dated 5 August 2013] |
(4) | A co-operative must set out its name in legible characters in all contracts, invoices, negotiable instruments, letters, orders and places of business. |
(5) | A secondary co-operative or tertiary co-operative must indicate its status as a secondary co-operative or tertiary co-operative on the documents listed in subsection (4). |
(6) | If the name of a co-operative indicates a restriction on the business that may be carried on by a co-operative, the constitution of that co-operative may not be amended to remove that restriction unless its name is also amended accordingly. |
[Section 10(6) substituted by section 9(c) of Notice No. 558, GG 36729, dated 5 August 2013]
(7) | A co-operative may use a trademark name registered to it by the registrar followed by the abbreviation "co-op" and "Ltd" if the constitution of the co-operative authorises the use of such trademark name. |
[Section 10(7) inserted by section 9(d) of Notice No. 558, GG 36729, dated 5 August 2013]
[Section 10(8) inserted by section 9(d) of Notice No. 558, GG 36729, dated 5 August 2013]
(a) | automatically correct the name of any co-operative that at the commencement of the Co-operatives Amendment Act, 2013, has the word "apex" in its name, so that the word "apex" is substituted for the word "tertiary"; and |
(b) | notify each affected co-operative in writing within 60 days of the commencement of the Co-operatives Amendment Act, 2013, of the amendment so effected. |
[Section 10(9) inserted by section 9(d) of Notice No. 558, GG 36729, dated 5 August 2013]