Western Australian Numbered Acts

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CO-OPERATIVES ACT 2009 (NO. 24 OF 2009) - SECT 377

377 .         Withdrawal of authority to carry on business

        (1)         The Registrar may give written notice to a foreign co-operative requiring it to show cause (a show cause notice ), within the period specified in the notice, why its authority to carry on business in this State should not be withdrawn on any one or more of the following grounds —

            (a)         that the name under which the co-operative carries on business or proposes to carry on business in this State does not comply with this Division;

            (b)         that any of the statements, documents or information notified or lodged by the co-operative under this Division are materially false or misleading;

            (c)         that the circumstances of the co-operative have materially changed since the date the notice under section 372 was lodged by the co-operative;

            (d)         that the co-operative has, after notice from the Registrar, failed to comply with provisions of this Act applicable to the co-operative or provisions of the rules of the co-operative.

        (2)         A show cause notice may be given if the Registrar considers that there are reasonable grounds to do so.

        (3)         The show cause notice must specify the period, being at least 14 days, within which it must be complied with.

        (4)         The foreign co-operative may, within the period specified in the show cause notice, make oral or written submissions to the Registrar and provide evidence with respect to any of the matters to which the notice relates.

        (5)         The Registrar must consider any submissions made, or evidence adduced, in compliance with subsection (4) and may, if the Registrar is satisfied that any of the grounds referred to in subsection (1) has been established in relation to the foreign co-operative, give the co-operative a written notice withdrawing its authority to carry on business in this State.

        (6)         The Registrar may withdraw a show cause notice or other notice given under this section.



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