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Table of Contents
Co-operatives Act, 2005 (Act No. 14 of 2005)
Notice No. 832 of 2005
Act
Preamble
Chapter 1 : Definitions, Purpose and Application of Act
1. Definitions and interpretation
2. Purpose of Act
3. Compliance with co-operative principles
4. Forms and kinds of co-operatives
5. Application of Act
5A. Application of Co-operative Banks Act
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
7. Registration of co-operative
8. Effect of registration
9. Pre-incorporation contract
10. Name of co-operative
11. Directive from registrar to change name
12. Unlawful use of words required to be part of the name of a co-operative
Part 2 : Constitution and functions of co-operative
13. Constitution of co-operative
14. Minimum requirements for all co-operative constitutions
14A. Associate members
15. Provisions where members are required to hold shares
15A. Categories of primary co-operatives
16. Provisions for secondary and tertiary co-operatives and the national apex co-operative
16A. Functions of the national apex co-operative
17. Consequences of invalidity
18. Amendment to constitution
19. Restrictions on functions of co-operatives
Part 3 : Registered office and record keeping by co-operative
20. Registered office of co-operative
21. Record keeping by co-operative
22. Access to information
Chapter 3 : Membership of Co-operatives
23. Liability of members
24. Withdrawal of membership
25. Repayment of membership, member loan or membership share
26. Powers of registrar in case of reduced number of members
26A. Annual submission to registrar
Chapter 4 : General Meetings
27. Structure for decision making
28. General meetings
29. Annual general meetings
30. Representation at meetings
31. Minutes of general meetings
Chapter 5 : Governance of Co-operatives
32. Board of directors
33. Appointment of directors
34. Meetings and resolutions of board of directors
35. Minutes of meetings of board of directors
36. Board of directors may delegate functions to director or committee or manager
37. Disclosure of interest
38. Acceptance of commission, remuneration or reward prohibited in certain circumstances
39. Returns relating to directors
Chapter 6 : Capital Structure
40. Capital of co-operative
41. Membership shares
42. Issue of certificates in respect of membership shares or member loans
43. Funds of members
44. Patronage proportion
45. Prohibited and permitted loans and security
46. Reserves for co-operatives
Chapter 7 : Audited Reports and Independent Reviewed Reports of Co-operatives
47. Audited report
48. Consideration of audited or independent reviewed reports
49. Auditor and independent reviewer disqualified from acting
50. Appointment and termination of auditor or independent reviewer
51. Removal of auditor or independent reviewer
52. Attendance of meeting by auditor or independent reviewer
53. Right to information
54. Notice of error
55. [Repealed] Exemptions
Chapter 8 : Amalgamation, Division, Conversion and Transfer
56. Amalgamation
57. Approval of amalgamation
58. Effect of registration of amalgamated co-operative
59. Division of co-operatives
60. Approval of division
61. Effect of registration of co-operatives constituted in terms of division
62. Conversion of co-operative to any other form of juristic person
63. Transfers
64. Protection of creditors
65. Registration of property upon amalgamation, division, conversion or transfer
66. Application to convert company into co-operative
67. Consideration of application
68. Effects of incorporation of company as co-operative
69. Special provision relating to company which has given an undertaking under section 66(3)
70. Registrar to give notice of conversion to Registrar of Companies
70A. Fees for amalgamation, division, conversion or transfer
Chapter 9 : Winding-up or De-registration
71. Modes of winding-up
71A. Voluntary winding-up
72. Winding-up by order of court
72A. Application for declaratory order
72B. Winding-up by order of Tribunal
73. [Repealed] Winding-up or de-registration by order of Minister
74. [Repealed] Admission and proving of claims against co-operative being wound up
75. [Repealed] Distribution account
76. [Repealed] Contribution account
Chapter 10 : Judicial Management
77. Judicial management
Chapter 11 : Administration of Act
78. Registrar of Co-operatives
79. Seal and official stamp of registrar
80. Register of co-operatives to be kept by registrar
81. Submission of documentation to registrar
82. Inspection of documents
83. Form of records kept may be prescribed
84. Investigation by registrar
Chapter 12 : Co-operatives Advisory Council
85. Establishment of Co-operatives Advisory Council
86. Functions of Advisory Council
87. Members of Advisory Council
88. Term of office and conditions of service of members of Advisory Council
89. Meetings of Advisory Council
90. Public hearings
91. Accountability to Parliament
Chapter 12A : Co-operatives Development Agency
Part 1 : Establishment, legal status, functions and powers of Agency
91A. Establishment of Co-operatives Development Agency
91B. Objectives of Agency
91C. Functions of Agency
91D. Functions of Agency in respect of satellite offices of Agency
91E. General powers of Agency
91F. Reporting by Agency
Part 2 : Funding and financial management of Agency
91G. Funding of Agency
91H. Annual budget and strategic plan
91I. Financial management, financial statements and annual report
Part 3 : National government oversight and executive authority
91J. Executive authority
91K. Information
Chapter 12B : Co-operatives Tribunal
91L. Establishment, legal status and composition of Co-operatives Tribunal
91M. Appointment and composition of Tribunal
91N. Functions of Tribunal
91O. Prohibition on Tribunal
91P. Appointment and composition of investigators, inspectors or inspectorate
91Q. Adjudication of hearings before Tribunal
91R. Right to participate in hearing
91S. Powers of Tribunal in adjudicating hearing
91T. Rules of procedure
91U. Witnesses
91V. Appointment, composition and functions of Co-operative Conflict Resolution Commission
91W. Right to information
91X. Summons
91Y. Authority to enter and search under warrant
91Z. Powers to enter and search
91AA. Conduct of entry and search
91BB. Compromise between co-operative and creditors
Chapter 12C : Intergovernmental Relations
91CC. Applicability of intergovernmental relations framework policies and legislation
91DD. Intergovernmental structures
91EE. Functions of intergovernmental structures
91FF. Administrative and procedural arrangements
91GG. Establishment, composition and functions of Inter-Provincial Coordination Committee on Co-operatives
91HH. Establishment of Provincial Interdepartmental and Municipal Coordinating Structure
91II. Dispute and conflict resolution
91JJ. Framework for intergovernmenal relations
Chapter 13 : Miscellaneous Provisions
92. Offences
93. Appeal to Minister
94. Exclusion
94A. Reporting, monitoring, evaluation and assessment
94B. Co-operative Policy, Legislation, Strategy and Administrative Support
95. Regulations
96. Delegation by Minister
97. Transitional provisions
98. Repeal of laws and savings
99. Short title and commencement
Schedules
Schedule 1 : Special Provisions
Part 1 : Housing Co-operatives
1. Application of Schedule
2. Name
3. Constitution of housing co-operative
4. Use agreements
5. Termination of membership
6. Application of other legislation
Part 2 : Worker Co-operatives
1. Application of this Part
2. Name
3. Requirements of constitution
4. Termination of membership
5. Laid-off member
6. Application of labour legislation
Part 3 : Financial Services Co-operatives
1. Application of this Part
1A. Name of co-operative
2. Requirements of constitution
2A. Co-operatives Banks Act
3. Insurance legislation
4. Medical Schemes Act
5. Friendly Societies Act
5A. Application of Co-operative Banks Act
6A. Exemption
7. Regulations
8. Definitions
Part 4 : Agricultural Co-operatives
1. Application of this Part
2. Name
3. Objectives of agricultural co-operative
4. Security for production credit and loans
5. Definitions
Part 5 : Social Co-operatives
1. Application of this Part
2. Requirements of constitution
3. Surplus
4. Termination of membership
5. Definitions
Schedule 2 : Laws Repealed
Laws Repealed by Section 98
Regulations
[Repealed] Regulations under the Co-operatives Act, 2005
Co-operatives Administrative Regulations, 2016
Notice No. R. 593 of 2019
Chapter 1 : Co-operative Registration and Support
Part 1 : Co-operative Registration, Governance and Maintenance
1. Repeal of previous Regulations
2. Definitions
3. Electronic services
4. Seal of Office of the Registrar
5. Documents
6. Preservation of records
7. Checking and verification of correctness of documents
8. Office hours
9. Forms, fees and penalties
10. Manner, proof and date of payment
11. Inspection of documents
12. Name reservation
13. Registration of primary, secondary and tertiary co-operative and the national apex co-operative
14. Certificate of registration and registration number
15. Amendment of constitution (Section 18), Form CO-OP 6.1
16. Notice of registered office of co-operative
17. Returns relating to directors and register of members
18. Reserves for Co-operatives
19. Monetary thresholds for primary co-operatives
20. Submission of audited report, independent reviewed report and annual report (sections 47 and 48)
21. Annual submission of information to the registrar (annual return) with duly completed Form CO-OP 8 (section 26A) completed Form CO -OP 8 (section 26A)
22. Notice of error or misstatement in financial statements
23. Special resolution for voluntary winding up
24. Functions of the national apex co-operative
25. Application for exemption from labour legislation in respect of employees of worker co- operatives
26. Grounds for exemption of workers from labour legislation
27. Certificate of exemption of workers co-operatives from labour legislation
Part 2 : Financial Reporting Framework for Co-operatives
28. Interpretation of regulations on financial reporting
29. Financial year and accounting records
30. Financial Reporting Framework
31. Audit, independent review and approval of social and management decision reports
32. Reporting of reportable irregularity by an independent reviewer or auditor
33. Social Report
34. Management Decision Report
Part 3 : Co-operatives Tribunal
35. Interpretation of regulations on co-operatives tribunal
36. Application to Tribunal
37. Answering and replying affidavits
38. Amending documents
39. Completion of file
40. Late filing, extension and reduction of time
41. Pre-hearing conferences
42. Other powers of members at pre-hearing conferences
43. Settlement conference
44. Initiating consent hearings
45. Consent hearings
46. Representation of parties
47. Joinder or substitution of parties
48. Interveners
49. Summonsing witnesses
50. Witness fees
51. Interpreters and translators
52. Withdrawals and postponements
53. Set down of matters
54. Matters struck off
55. Default orders
56. Conducting a hearing
57. Record of hearing
58. Costs and taxation
Part 4 : Co-operative Development and Support Structures
59. Support of different kinds of co-operatives [Section 95(2)]
60. Effective coordination across government [Section 2(i)]
61. Co-operative development support programmes contemplated in sections 86(d) and 95(1)(j)
62. Targets for support programmes [section 2]
63. Reporting, Monitoring, Evaluation and Assessment by Institutions established or recognised under the Act
64. Framework for Intergovernmental relations in respect of co-operatives
Chapter 2 : Winding-Up and Judicial Management of Co-operatives
Part A : Winding-Up of Co-operatives
65. Definitions for Chapter
66. Suspension of certain proceedings pending decision of application for winding-up order
Provisional winding-up
67. Provisional winding-up order
68. Functions of provisional liquidator
69. Effects of provisional winding-up order
70. Commencement of winding-up
71. Effects of winding-up on status of co-operative and on Board of directors
72. Persons responsible for the performance of duties of co-operatives being wound-up
73. Effects of winding-up on legal proceedings
74. Issue, transfer or cancellation of shares in co-operative being wound up
75. Effects of winding-up on assets of co-operative
76. Notice of voluntary winding-up to be given to registrar
77. Inventory of assets and liabilities to be submitted to registrar by co-operative
Liquidators
78. Appointment of liquidators
79. Giving of security by liquidator
80. Notice of appointment of liquidator
81. Remuneration of liquidator
82. Plurality of liquidators, liability and disagreement
83. Control of registrar over liquidators
84. Removal from office of liquidator
85. Circumstances under which winding-up may be carried out without liquidator
Functions of liquidators
86. Inventory of assets and liabilities to be submitted to registrar by liquidator
87. General duty of liquidator
88. Banking account and investments
89. Register to be kept by liquidator
90. Powers of liquidator
91. Realisation of movable assets in possession of creditors as security
92. Assets acquired by co-operative under hire -purchase contract
Voidable dispositions
93. Disposition not for value
94. Voidable preferences
95. Collusive dealings to prejudice creditors or to prefer certain creditors above others
96. Voidable set-off
97. Interested person may make application to court on behalf of liquidator
Admission and proving of claims
98. Admission and proving of claims against co-operative being wound up
Liquidation, trading, distribution and contribution accounts and application of proceeds
99. Submission of certain accounts to registrar
100. Liquidation account
101. Application of proceeds of assets which served as security
102. Application of proceeds after payment of secured claims
103. Tacit hypothecs
104. Certain mortgage bonds not to confer preference
105. Ranking of mortgage bonds for future debts
106. Trading account
107. Distribution account
108. Disposal of small residues
109. Contribution account
110. Inspection of liquidation, distribution or contribution account by interested persons
111. Objections against liquidation, distribution or contribution account
112. Amendment of liquidation, distribution or contribution account
113. Appeal to court against registrar's decisions
114. Confirmation of liquidation, distribution or contribution account
115. Payments in terms of liquidation or distribution account and recovery of contribution
116. Disposal of unclaimed payments
117. Recovery of contribution
General provisions
118. Summoning and examination of persons concerning affairs of co-operative being wound up
119. Co-operative struck off register
120. Release of liquidator
121. Disposal of books and documents
Part B : Judicial Management of Co-operatives
122. Circumstances in which co-operatives may be placed under judicial management
123. Provisional judicial management order
124. Custody of property and appointment of provisional judicial manager on granting of judicial management order
125. Effect of provisional judicial management order
126. Functions of provisional judicial manager
127. Purpose of meetings convened under regulation 126(b)
128. Return day of provisional judicial management order and powers of court
129. Effect of final judicial management order
130. Functions of final judicial manager
131. Application of assets during judicial management
132. Position of auditor in judicial management
133. Application to judicial management of certain provisions on winding -up
134. Cancellation of judicial management order
135. Remuneration of provisional and final judicial manager
136. Short title
Schedules
Schedule 1 : Fees
Schedule 2 : Remuneration of liquidators
Schedule 3 : Co-op forms
Form Co-op 1 : Application for registration of primary/secondary/tertiary/national apex co-operative
Form Co-op 2 : Return relating to director
Form Co-op 3 : Notice of addresses and contact particulars of co-operative and changes thereof
Form Co-op 4 : Notice of appointment of auditor/independent reviewer and consent to act as or resignation by and removal of auditor/independent reviewer
Form Co-op 5 : Application for reservation of name or translated form or shortened form of name
Form Co-op 6.1 : Special resolution: Amendment to Constitution
Form Co-op 6.2 : Special resolution: Amalgamation
Form Co-op 6.3 : Special resolution: Division
Form Co-op 6.4 : Special Resolution: Conversion to another juristic person
Form Co-op 6.5 : Special Resolution: Transfer
Form Co-op 6.6 : Special Resolution: Judicial management
Form Co-op 7 : Annual submission to Registrar of financial reports and statements
Form Co-op 8 : Annual submission of information to the Registrar
Form Co-op 9 : Notice of change of financial year of co-operative
Form Co-op 10 : Special Resolution for voluntary winding-up of co-operative
Form Co-op 11 : Certificate of registration of a co-operative
Form Co-op 12 : Certificate of change of name of co-operative
Form Co-op 13 : Certificate of change of name by Directive of Registrar
Form Co-op 14 : Application for inspection of documents
Form Co-op 15.1 (For Category A1 Primary Co-operatives)
Form Co-op 15.2 (For Category A2 Primary Co-operatives)
Form CT1 : Application to Co-operative Tribunal
Form CT2 : Amendment of application to the Co-operatives Tribunal
Form CT3 : Application for late filing or extension of time
Form CT4 : Notice of motion for consent order
Form CT5 : Application to intervene
Form CT6 : Witness summons
Form CT7 : Notice of withdrawal
Form CT8 : Notice of hearing
Principles of Good Governance for Co-operatives
Notice No. R. 594 of 2019
1. Introduction
2. Co-operative Identity
3. Governance
4. Members
5. Management of Co-operative
6. Structure for decision making in the co-operative
7. Voting rights
8. Constitution of a co-operative
9. Restrictions on the functions of a co-operative
10. Openness, Transparency and Accountability
11. Capital of Co-operatives
12. Self-Assessment Checklists
Proclamations
Commencement of the Co-Operatives Amendment Act, 2013 (Act No. 6 of 2013)
Proclamation No. 14 of 2019
"this Act"
includes the Schedules and any regulations made in terms of this Act;
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