Registration of a new co-operative

Registration of a new co-operative

1. (1) Where not less than ten individuals, each being member of a different family, intend to form a Co-operative or, two or more Co-operatives registered under this Act, wish to form into Secondary Co-operative or a society registered under the Co-operative Societies Act intend to convert itself into a Co-operative under this Act, they shall frame articles of association for this purpose in accordance with Schedule A: Provided that after registration of the Co-operative, any member of the family may be admitted as member of the Co-operative subject to provisions of section 16 of this Act.
2. (2) Such articles of association and the memorandum of association as specified in Schedule B or C as the case may be, shall be submitted to the Registrar by hand or by registered post for registration of the Co-operative.
3. (3) Every such memorandum or association shall contain-
   • (a) the proposed name of the Co-operative;
   • (b) the address where the registered office of the Co-operative to be situated;
   • (c) the objects or the Co-operative;
   • (d) declaration by the promoter of their commitment to the Co-operative principles as provided for in Schedule D;
   • (e) a list of names of the promoters, with their complete addresses; and shall be accompanied by-
     • (i) the original articles of association and one true copy thereof of the proposed Co-operative as adopted by the promoters; and
     • (ii) a true copy of the resolution adopting the articles of association passed at a meeting by the signatories to such memorandum or association.
4. (4) The Registrar shall register the Co-operative and also take on record its articles of association and communicate by registered post under acknowledgement a certificate of registration and a certified copy of the memorandum of association including the articles of association signed and sealed by him/her, within sixty days from the date of submission of the memorandum of association, to such person as specified in the memorandum.
5. (5) Before registration of the Co-operative, the Registrar shall satisfy himself that-
   • (a) the memorandum of association is in conformity with the requirements laid down by this Act; and
   • (b) the proposed articles of association are not contrary to the provisions of this Act.
6. (6) If the conditions laid down in sub-sections
7. (3) and
8. (5) are not fulfilled, the Registrar shall communicate by registered post under acknowledgement the order of refusal to member, with specific reasons thereof, within sixty days from the date of submission of the memorandum of association: Provided that no order of refusal shall be passed except after giving an opportunity of making representation on behalf of the promoters by the representative specified in the memorandum.
9. (7) Where a Co-operative is registered, the certificate of registration signed and sealed by the Registrar shall be conclusive evidence that the association mentioned therein is a Co-operative duly registered under this Act, unless it is proven that the registration of the Co-operative has been cancelled or the Co-operative is dissolved.
10. (8) Where within seventy-five days of submission of the memorandum of association for registration, the representative specified in the memorandum of association receives neither the certificate of registration nor the order of refusal, the Co-operative shall be deemed to have been registered under this Act and the promoter may apply to the Registrar, who shall issue certificate of registration within fifteen days of receipt of such application.