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 1 : Application to register and name

6. Application to register co-operative

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(1)An application to register a co-operative must be made by—
(a)a minimum of—
(i)five natural persons; or
(ii)two juristic persons; or
(iii)a combination of any five persons,

in the case of a primary co-operative;

(b)a minimum of two operational primary co-operatives in the case of a secondary co-operative; or
(c)a minimum of two operational secondary co-operatives,  in the case of a tertiary co-operative.
(d)a minimum of—
(i)three operational sectoral tertiary co-operatives that operate on a national level; and
(ii)five operational multi-sectoral tertiary co-operatives that operate on a provincial, district or local level,

in the case of the national apex co-operative.

[Section 6(1)(d) inserted by section 6(b) of Notice No. 558, GG 36729, dated 5 August 2013]

[Section 6(1) substituted by section 6(a) of Notice No. 558, GG 36729, dated 5 August 2013]

 

(1A)For purposes of this section and in relation to a co-operative, "operational" means a co-operative that has held its annual general meeting and has submitted its annual report, audited report or independent reviewed report as applicable, to the registrar in its last financial year.

[Section 6(1A) inserted by section 6(c) of Notice No. 558, GG 36729, dated 5 August 2013]

 

(1B)An operational secondary co-operative may join the national apex co-operative where there is no sectoral or multi-sectoral tertiary co-operative that can represent the secondary co-operative.

[Section 6(1B) inserted by section 6(c) of Notice No. 558, GG 36729, dated 5 August 2013]

 

(2)An application referred to in subsection (1) must be submitted to the registrar in the prescribed form, and must be accompanied by—
(a)a constitution for the co-operative, that complies with section 13 and is signed by the founder members;

[Section 6(2)(a) substituted by section 6(d) of Notice No. 558, GG 36729, dated 5 August 2013]

(b)a list of the founder members and proof of their identity;

[Section 6(2)(b) substituted by section 6(d) of Notice No. 558, GG 36729, dated 5 August 2013]

(c)a list of the directors;
(d)the prescribed fee or proof of payment thereof; and
(e)a proposed name for the co-operative and a request to reserve that name.

[Section 6(2)(e) inserted by section 6(f) of Notice No. 558, GG 36729, dated 5 August 2013]

 

(3)Before submitting an application referred to in subsection (1), there must be at least one meeting of interested persons at which—
(a)a constitution of the proposed co-operative is adopted; and
(b)the first directors are elected.