Co-operatives Act, 2005 (Act No. 14 of 2005)Chapter 8 : Amalgamation, Division, Conversion and Transfer67. Consideration of application |
| (1) | An application referred to in section 66 must be submitted to the registrar together with any such other documents as he or she may require. |
| (2) | The registrar must consider the application submitted to him or her in terms of subsection (1), and if he or she is satisfied that the provisions of this Act have been complied with in respect of the application and that— |
| (a) | the conversion of the company into a co-operative; |
| (b) | the incorporation of the proposed co-operative; and |
| (c) | the constitution of the new co-operative, |
[Section 67(2)(c) substituted by section 50(a) of Notice No. 558, GG 36729, dated 5 August 2013]
with due regard to the proposed amendment, or the proposed new constitution, if such proposed amendment or new constitution accompanied the application are not inconsistent with this Act, he or she must approve the application, or if he or she is not so satisfied, he or she may conditionally approve or reject the application.
| (3) | If the registrar approves or conditionally approves an application, the registrar must ensure that— |
| (a) | the name and other particulars of the company are entered in the register of co-operatives; and |
| (b) | the new constitution of the co-operative is registered, and a certificate is issued in duplicate that the company has been incorporated as a co-operative in terms of this Act. |
[Section 67(3)(b) substituted by section 50(b) of Notice No. 558, GG 36729, dated 5 August 2013]
| (4) | One copy of the certificate and the new constitution must be sent to the applicant and the other copy must be retained within the office of the registrar. |
[Section 67(4) substituted by section 50(c) of Notice No. 558, GG 36729, dated 5 August 2013]