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

Purchase

(1)	The proposed name of a co-operative must not be—

(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]

(8)	Only the national apex co-operative registered in terms of section 6(1)(d) may use or have as a part of its name the word "apex".

[Section 10(8) inserted by section 9(d) of Notice No. 558, GG 36729, dated 5 August 2013]

(9)	The registrar must—

(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]