Co-operatives Act, 2005 (Act No. 14 of 2005)

Chapter 8 : Amalgamation, Division, Conversion and Transfer

56. Amalgamation

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(1)Two or more co-operatives may agree in writing to amalgamate, on condition that the co-operative to be constituted by the amalgamation will comply with the requirements for a co-operative to be registered in terms of this Act.

 

(2)An agreement to amalgamate referred to in subsection (1) must set out the terms of the amalgamation, and the means by which such amalgamation will be effected, including the following—
(a)the constitution of the amalgamated co-operative;
(b)the manner in which the shares of each amalgamating co-operative are to be converted into membership shares of the amalgamated co-operative or, if applicable, other securities of the amalgamated co-operative;
(c)if any membership share of an amalgamating co-operative is not to be converted into membership shares or other securities of the amalgamated co-operative, the amount of money that the holders of those membership shares are to receive in addition to or instead of shares of the amalgamated co-operative;

[Section 56(2)(c) substituted by section 44 of Notice No. 558, GG 36729, dated 5 August 2013]

(d)the continuation of the members’ respective interests in a fund of members of the amalgamated co-operative;
(e)the application of any surplus or loss which may have resulted from the operations of the amalgamating co-operatives; and
(f)the name and address of each proposed director of the amalgamated co-operative.