Co-operatives Act, 2005 (Act No. 14 of 2005)Chapter 8 : Amalgamation, Division, Conversion and Transfer64. Protection of creditors |
(1) | The registrar may not register any amalgamation, division, conversion or transfer in terms of this Chapter unless the registrar is satisfied that— |
(a) | written notice of at least three months of the proposal has been given to each known creditor who has a claim exceeding one thousand rand or such other amount as the Minister may prescribe by notice in the Gazette; |
[Section 64(a) substituted by section 48(a) of Notice No. 558, GG 36729, dated 5 August 2013]
(b) | any creditors who have demanded payment of any amount due to them have been paid in full or will be paid before the amalgamation, division, conversion or transfer is effected; and |
(c) | no creditor will be prejudiced by the amalgamation, division, conversion or transfer. |
[Section 64 renumbered as section 64(1) by section 48(a) of Notice No. 558, GG 36729, dated 5 August 2013]]
(2) | It is an offence for any director to make a false declaration in respect of this section. |
[Section 64(2) inserted by section 48(b) of Notice No. 558, GG 36729, dated 5 August 2013]