Western Australian Numbered Acts Western Australian Numbered Acts (1) Before a proposed
co-operative, other than an existing corporation, can be registered, a
formation meeting must be held in accordance with this section.
(2) At the formation
meeting —
(a) a
person must act as chairman, and a person must be specified to act as
secretary; and
(b) in
the case of a proposed distributing co-operative, a disclosure statement
approved under section 16 must be presented to the meeting; and
(c) the
proposed rules of the co-operative approved under section 17 in respect
of the proposed co-operative, must be agreed to by two-thirds of the eligible
members attending the meeting; and
(d) the
eligible members attending the meeting must sign the application for
membership; and
(e) the
eligible members attending the meeting must elect the first directors of the
proposed co-operative in accordance with the proposed rules; and
(f) the
eligible members attending the meeting must authorise a person —
(i)
to apply to the Registrar for registration of the
proposed co-operative; and
(ii)
to do anything necessary to have the proposed
co-operative registered.
(3) The formation
meeting must be held by —
(a) for
a co-operative group, not less than 2 suitably qualified co-operatives; and
(b) for
any other co-operative, not less than 5 persons, or if a lesser number than 5
is prescribed by the regulations, not less than the prescribed number of
persons, suitably qualified to be members of the proposed co-operative.
(4) For the purposes
of subsection (3), a person or a co-operative is suitably qualified to be
a member if —
(a)
there are reasonable grounds to believe the person or co-operative will be an
active member of the proposed co-operative; and
(b) for
an individual, the person has attained the age of 18; and
(c) the
person satisfies any other requirements for membership set out in the proposed
rules.
(5) Each co-operative
forming a proposed co-operative group may be represented at the formation
meeting by one person.