Western Australian Numbered Acts

CO-OPERATIVES ACT 2009 (NO. 24 OF 2009) - SECT 309

309 .         Transfer not to impose greater liability etc.

        (1)         The constitution or replaceable rules or rules adopted for the purposes of the transfer cannot be such as to —

            (a)         impose on the members of the new body who were members of the co-operative at the date of transfer any greater or different liability to contribute to the assets of the new body than the liability to which they were subject as members of the co-operative; or

            (b)         deprive a member of the new body of preferential rights to dividend or capital to which the member was entitled as a member of the co-operative at the date of transfer.

        (2)         In subsection (1), member includes former shareholder of a co-operative, whose shares have been forfeited within 2 years of the transfer.

        (3)         The transfer must result in all persons who were members of the co-operative at the date of transfer becoming members of the new body.

        (4)         In the case of a transfer of a co-operative that has a share capital to a new body that has a share capital, the transfer must result in every member of the co-operative at the date of transfer who held shares in the co-operative being the holder of shares in the capital of the new body equal in number and nominal value to the shares held by the member as a member of the co-operative.