Co-operatives Act, 2005 (Act No. 14 of 2005)

Chapter 2 : Registration, Constitution, Powers of Co-operative and Registered Office and Record Keeping by Co-operative

Part 3 : Registered office and record keeping by co-operative

21. Record keeping by co-operative

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(1)A co-operative must keep at its offices the following:
(a)The constitution of a co-operative and its rules, if any, including any amendments;
(b)the minutes of general meetings envisaged in section 31, in a minute book;
(c)the minutes of meetings of the board of directors envisaged in section 35, in a minute book;
(cA)if it has a supervisory committee, the minutes of meetings of that committee in a minute book;

[Section 21(1)(cA) inserted by section 18(a) of Notice No. 558, GG 36729, dated 5 August 2013]

(d)a list of its members, setting out—
(i)the name and address of each member;
(ii)the date on which each member became a member;
(iii)if applicable, the date on which a person’s membership was terminated; and
(iv)the amount of any membership fees paid, the number of membership shares owned and the number and amount of member loans;
(e)a register of its directors setting out—
(i)the name, address and identity number of each director, including former directors;
(ii)the date on which such directors became or ceased to be directors; and
(iii)the name and address of any other co-operative, company or close corporation where both present and former directors are, or were, directors or members;
(f)a register of directors’ and employees' interests in contracts or undertakings, envisaged in section 37;

[Section 21(1)(f) substituted by section 18(b) of Notice No. 558, GG 36729, dated 5 August 2013]

(g)adequate accounting records, including records reflecting the transactions between each member and the co-operative for the purpose of calculating the patronage proportion.

 

(2)Every co-operative must retain its accounting records and financial statements for a period of—
(a)five years after the end of the financial year to which they relate; or
(b)such longer period as may be prescribed by the Minister by notice in the Gazette.

[Section 21(2) substituted by section 18(c) of Notice No. 558, GG 36729, dated 5 August 2013]

 

(3)The registrar may issue guidelines to co-operatives regarding the manner in which the records referred to in subsection (1) must be kept, including guidelines allowing a co-operative to keep records in an electronic format.

 

(4)A co-operative or director who fails to comply with subsection (1) is guilty of an offence.