Co-Operative Societies - Registration (Ss 8-17)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=671

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[Ch4204s8]8. Societies which may be registered

A

society which has as its principal object the promotion of the economic

interests of its members in accordance with co-operative principles, or a

society established with the object of facilitating the operations of such a

society, and complying with the provisions of this Act, may be registered under

it, with or without limited liability.

[Ch4204s9]9. Statement of co-operative principles

For

the purpose of this Act "co-operative principles" shall inter alia

mean that-

(a) membership is voluntary and open to all,

men and women, able to use the services of the society;

(b) the services of the society are mainly

provided for its members;

(c) the society is democratically controlled;

(d) the surplus of the society is distributed

in a fair and just manner amongst its members with a limited dividend on share

capital;

(e) the society promotes education and training

on co-operative matters for its members;

(f) societies co-operate at local, national

and international levels.

[Ch4204s10]10. Application for registration

(1)

An application to register a society shall be submitted to the Commissioner on

the prescribed form which shall be signed-

(a) (i) in

the case of a primary society that is a producers co-operative society, by at

least 15 persons qualified for membership in terms of section 29; or

(ii) in the case of a primary society that has

as its object the promotion of thrift and the acceptance of savings from and

the making of loans to its members for productive and provident purposes, by at

least 50 persons qualified for membership in terms of section 29; or

(iii) in the case of any other primary society,

by at least 20 persons qualified for membership in terms of section 29;

(b) in the case of a secondary society by two

authorized officers of at least two societies.

(2)

The application shall be accompanied by-

(a) 3 copies of the bye-laws in English;

(b) a report on the viability of the proposed

society which shall be in the prescribed form or as near thereto as

circumstances permit;

(c) in the case of an application relating to a

secondary society, copies of the resolutions authorizing the participation of

the primary societies;

(d) the prescribed fee.

[Ch4204s11]11. Name of society

(1)

No society shall be registered by a name which is identical with that of a

registered society, or so closely resembles such a name as to mislead members

of the public as to its identity or which is, in the opinion of the

Commissioner, undesirable.

(2)

The word "co-operative" shall form part of the name of every society

and the word "limited" shall be the last word in the name of every

society registered with limited liability.

[Ch4204s12]12. Compulsory bye-laws

The

bye-laws of a society shall, inter alia, include provision for the

matters detailed in Schedule 1 and shall be adequate for the efficient running

of the society.

[Ch4204s13]13. Requirements before registration

Before

registering a proposed society the Commissioner shall be satisfied that-

(a) the society is a bona fide

co-operative society;

(b) the name and bye-laws of the society comply

with sections 11 and 12;

(c) there is a reasonable expectation of

benefit to the members of the society;

(d) the application complies with the

provisions of this Act.

[Ch4204s14]14. Power to request additional information

The

Commissioner may request any additional information that he considers necessary

about the proposed society, including-

(a) the economic or other need for the

establishment of the society;

(b) the number of persons expected to become

members when the society begins its activities;

(c) the availability of sufficient capital to

be subscribed by the applicants and other persons expected to become members;

(d) the availability of officers capable of

managing the affairs of the society and keeping the records and accounts

required for its efficient operation and for complying with this Act;

(e) the educational and advisory work on

co-operative principles and the operation of the society carried out amongst

the applicants and the other persons expected to become members.

[Ch4204s15]15. Registration

(1)

If the Commissioner approves the registration of the society he shall issue a

certificate of registration to the society together with a copy of the bye-laws

certified by him as having been approved and registered.

(2) A

certificate of registration signed by the Commissioner shall be conclusive

evidence that the society mentioned in it is duly registered, unless it is

proved that the registration of the society has been cancelled.

(3)

On registration the Commissioner shall supply, free of charge, a copy of this

Act and any regulations made hereunder.

[Ch4204s16]16. Refusal of registration

(1)

If the Commissioner refuses to register a society he shall give his reasons for

his refusal in writing to the applicants.

(2)

An appeal shall lie to the Minister within one month from the date of refusal.

(3)

The Minister's decision on the appeal shall be final.

[Ch4204s17]17. Provisional registration

(1)

If the Commissioner is not satisfied that a proposed society ought to be

registered at the time of the application for registration but is of the

opinion that steps can and will be taken with diligence, by the persons by whom

or on whose behalf the application is made, to comply with all the conditions

for registration, he may provisionally register the society for such period not

exceeding two years and subject to such conditions as he may specify:

Provided

that it shall be competent for the applicants for registration of a proposed

society to apply for provisional registration only.

(2) A

society which has been provisionally registered shall, subject to the

conditions of this section and any conditions specified by the Commissioner,

have all the status and powers of a society registered under this Act and be

entitled to operate as a society.

(3)

The fact that a society is provisionally registered shall be legibly stated on

all documents issued by the society and on every other place where the

society's name is displayed to the public.

(4)

The Commissioner may cancel the provisional registration of a society, without

assigning any reason, by a notice in writing addressed to the society; the

notice of cancellation shall operate as a refusal to register the society in

terms of section 16 and from the date of service of the notice the society

shall cease to be registered as a society.

(5)

If upon the expiry of the period for provisional registration the society has

not been registered, the society shall cease to be registered as a society.

(6)

Where either subsection (4) or subsection (5) apply-

(a) the provisions of Part XI shall operate for

the settlement of the society's affairs;

(b) the Commissioner shall by notice require

surrender of the certificate of provisional registration to him for

cancellation;

(c) the validity of any transaction by or with

the society entered into prior to the cancellation or cessation of its

registration shall not be affected by such cancellation or cessation.

(7)(a)

If at any time during the period of provisional registration the Commissioner

is satisfied that the society complies with the conditions for registration and

ought to be registered he may register the society under section 15 and the

society shall thereupon be deemed to have been registered on the date of its

provisional registration.

(b)

The society shall on registration surrender the certificate of provisional

registration to the Commissioner who shall then issue a certificate of

registration bearing the date of registration in terms of paragraph (a).