Co-operative Companies (Forms) Regulations 1996

Reprint
as at 1 October 1998

Crest

Co-operative Companies (Forms) Regulations 1996

(SR 1996/212)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 29th day of July 1996

Present:
The Hon Doug Kidd presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Economic Development.


Pursuant to section 48 of the Co-operative Companies Act 1996, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Co-operative Companies (Forms) Regulations 1996.

    (2) These regulations shall come into force on 1 September 1996.

2 Forms
  • (1) Where a provision of the Co-operative Companies Act 1996 requires a document to be in a prescribed form, the document must—

    • (a) be in the appropriate form set out in the Schedule; and

    • (b) include such information as is specified in the form; and

    • (c) have attached or be accompanied by such documents as are specified in the form.

    (2) Where a document in form 1 or form 2 or form 3 or form 4 or form 5 of the Schedule continues on 2 or more pages, the following heading must appear at the top of those pages:

          
    Name of company*/
    proposed company*
       Company No*/
    Name reservation No*
     
         
        
    *Delete if not applicable.   

    Regulation 2(2): amended, on 1 October 1998, by regulation 2(1) of the Co-operative Companies (Forms) Amendment Regulations 1998 (SR 1998/253).


Schedule
Forms

r 2

Form 1
Application for registration of a company as a co-operative company/co-operative dairy company under the Co-operative Companies Act 1996

Sections 6 and 35, Co-operative Companies Act 1996

 Document No 
   
  
 (for office use only)
Please note that the information in this form must be either typewritten or printed. It must not be handwritten.
      
Name of
applicant company
   Company No 
     
    

This is an application for registration of the above-named company as a co-operative company*/co-operative dairy company* under the Co-operative Companies Act 1996.

*Delete if not applicable.

This application is accompanied by:

  • 1 A statutory declaration made by each director of the company stating, that in the opinion of the director, the company is a co-operative company within the meaning of the Co-operative Companies Act 1996, and setting out the grounds for that opinion.

    (Note: A statutory declaration in these terms is required by sections 6(1)(c) and 35 of the Co-operative Companies Act 1996.)

  • 2 A copy of the special resolution of the shareholders of the company authorising this application.

    (Note: This application must be authorised either by the constitution of the company or by a special resolution of the shareholders of the company. If the application is authorised by a special resolution of the shareholders of the company, the application must be accompanied by a copy of that special resolution. See sections 6(2) and 35 of the Co-operative Companies Act 1996.)

Signature of authorised person:

Name of authorised person:

Date:

       
Presented by   Account No  
Postal address     
   Telephone  
      
   Facsimile  
       

Form 2
Application for simultaneous registration as a co-operative company/co-operative dairy company under the Co-operative Companies Act 1996 and as a company under the Companies Act 1993

Sections 7 and 36, Co-operative Companies Act 1996

 Document No 
   
  
 (for office use only)
Please note that the information in this form must be either typewritten or printed. It must not be handwritten.
      
Name of
proposed company
   Name reservation No 
     
    

This is an application for registration of the above-named proposed company as a co-operative company*/co-operative dairy company* under the Co-operative Companies Act 1996.

*Delete if not applicable.

This application is made together with an application for registration of the proposed company as a company under the Companies Act 1993.

This application is accompanied by:

  • 1 An application for registration of the company under section 12 of the Companies Act 1993.

    (Note: The application for registration of the company under section 12 of the Companies Act 1993 must be in form 1 of Schedule 1 of the Companies Act 1993 Regulations 1994.)

  • 2 A statutory declaration made by each person named as a director in the application for registration of the company under the Companies Act 1993, stating that in the opinion of that person, the company will, upon registration, be a co-operative company within the meaning of the Co-operative Companies Act 1996, and setting out the grounds for that opinion.

    (Note: A statutory declaration in these terms is required by sections 7(2)(c) and 36 of the Co-operative Companies Act 1996.)

  • 3 A copy of the resolution of such number of persons who consent to become shareholders of the company and who will hold, in aggregate, not less than 75% of the shares to be issued by the company, authorising this application.

    (Note: This application must be authorised either by the proposed constitution of the company or by a resolution of such number of persons who consent to become shareholders of the company and who will hold, in aggregate, not less than 75% of the shares to be issued by the company. If the application is authorised by such a resolution, the application must be accompanied by a copy of that resolution. See sections 7(3) and 36 of the Co-operative Companies Act 1996.)

Signature of authorised person:

Name of authorised person:

Date:

       
Presented by   Account No  
Postal address     
   Telephone  
      
   Facsimile  
       

Form 3
Application by existing co-operative company for simultaneous registration as a co-operative company/co-operative dairy company under the Co-operative Companies Act 1996 and reregistration under the Companies Act 1993

Sections 8 and 37, Co-operative Companies Act 1996

 Document No 
   
  
 (for office use only)
Please note that the information in this form must be either typewritten or printed. It must not be handwritten.

This form is to be used where the company is—

  • (a) a co-operative dairy company registered under the Co-operative Dairy Companies Act 1949; or

  • (b) a co-operative company registered under the Co-operative Companies Act 1956; or

  • (c) a co-operative freezing company registered under the Co-operative Freezing Companies Act 1960; or

  • (d) a co-operative forestry company registered under the Co-operative Forestry Companies Act 1978—

and applies to be registered as a co-operative company or as a co-operative dairy company under the Co-operative Companies Act 1996 at the same time as it applies to be reregistered as a company under the Companies Act 1993.

      
Name of existing
co-operative company
   Company No 
     
    

This is an application for registration of the above-named company as a co-operative company*/co-operative dairy company* under the Co-operative Companies Act 1996.

*Delete if not applicable.

This application is made together with an application under the Companies Reregistration Act 1993 for the reregistration of the company as a company under the Companies Act 1993.

This application is accompanied by:

  • 1 An application for reregistration of the company under the Companies Act 1993.

    (Note: The application for reregistration of the company under the Companies Act 1993 must be in form 1 of the Schedule of the Companies Reregistration Regulations 1994.)

  • 2 A statutory declaration made by each director of the company stating that, in the opinion of the director, the company is a co-operative company within the meaning of the Co-operative Companies Act 1996, and setting out the grounds for that opinion.

    (Note: A statutory declaration in these terms is required by sections 8(2)(c) and 37 of the Co-operative Companies Act 1996.)

  • 3 A copy of the special resolution of the company authorising the application.

    (Note: A copy of a special resolution of the company authorising the application is required by sections 8(3) and 37 of the Co-operative Companies Act 1996.)

Signature of authorised person:

Name of authorised person:

Date:

       
Presented by   Account No  
Postal address     
   Telephone  
      
   Facsimile  
       

Form 4
Application by company for simultaneous registration as a co-operative company/co-operative dairy company under the Co-operative Companies Act 1996 and reregistration as a company under the Companies Act 1993

Sections 9 and 38, Co-operative Companies Act 1996

 Document No 
   
  
 (for office use only)
Please note that the information in this form must be either typewritten or printed. It must not be handwritten.

This form must be used where the company, not being—

  • (a) a co-operative dairy company registered under the Co-operative Dairy Companies Act 1949; or

  • (b) a co-operative company registered under the Co-operative Companies Act 1956; or

  • (c) a co-operative freezing company registered under the Co-operative Freezing Companies Act 1960; or

  • (d) a co-operative forestry company registered under the Co-operative Forestry Companies Act 1978,—

applies to be registered as a co-operative company or as a co-operative dairy company under the Co-operative Companies Act 1996 at the same time as it applies to be reregistered as a company under the Companies Act 1993.

      
Name of company   Company No 
     
    

This is an application for registration of the above-named company as a co-operative company*/co-operative dairy company* under the Co-operative Companies Act 1996.

*Delete if not applicable.

This application is made together with an application under the Companies Reregistration Act 1993 for the reregistration of the company as a company under the Companies Act 1993.

This application is accompanied by:

  • 1 An application for reregistration of the company under the Companies Act 1993.

    (Note: The application for reregistration of the company under the Companies Act 1993 must be in form 1 of the Schedule of the Companies Reregistration Regulations 1994.)

  • 2 A statutory declaration made by each director of the company stating that, in the opinion of the director, the company is a co-operative company within the meaning of the Co-operative Companies Act 1996, and setting out the grounds for that opinion.

    (Note: A statutory declaration in these terms is required by sections 9(2)(c) and 38 of the Co-operative Companies Act 1996.)

  • 3 A copy of the special resolution of the company authorising the application.

    (Note: A copy of a special resolution of the company authorising the application is required by sections 9(3) and 38 of the Co-operative Companies Act 1996.)

Signature of authorised person:

Name of authorised person:

Date:

       
Presented by   Account No  
Postal address     
   Telephone  
      
   Facsimile  
       

Form 5
Application by co-operative company/co-operative dairy company for cancellation of registration

Sections 12 and 46(1), Co-operative Companies Act 1996

 Document No 
   
  
 (for office use only)
Please note that the information in this form must be either typewritten or printed. It must not be handwritten.
      
Name of co-operative company   Company No 
     
    

This is an application for cancellation of the registration of the above-named company as a co-operative company*/co-operative dairy company* under section 12 of the Co-operative Companies Act 1996.

*Delete if not applicable.

This application is accompanied by a copy of the special resolution of the shareholders of the company authorising this application.

(Note: A copy of a special resolution of the shareholders of the company authorising the application is required by section 12(3) of the Co-operative Companies Act 1996.)

Signature of authorised person:

Name of authorised person:

Date:

       
Presented by   Account No  
Postal address     
   Telephone  
      
   Facsimile  
       

  • Schedule form 5: added, on 1 October 1998, by regulation 2(2) of the Co-operative Companies (Forms) Amendment Regulations 1998 (SR 1998/253).

Diane Wilderspin,
Acting for Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 1 August 1996.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Co-operative Companies (Forms) Regulations 1996. The reprint incorporates all the amendments to the regulations as at 1 October 1998, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)