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

Chapter 8 : Amalgamation, Division, Conversion and Transfer

59. Division of co-operatives

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(1)A co-operative may decide to divide into two or more co-operatives, on condition that each co-operative will comply with the requirements for a co-operative to be registered in terms of this Act.

 

(2)An agreement to divide a co-operative referred to in subsection (1) must set out the terms of the division and the means by which it will be effected including the following:
(a)the provisions of the constitutions of each of the co-operatives to be constituted by the proposed division;
(b)the members of the co-operative who will become members of the co-operatives to be constituted by the division;
(c)the manner in which the assets, rights, liabilities and obligations of the co-operative are to be divided between the co-operatives to be constituted by the division;
(d)the business of each of the co-operatives constituted by the division and the area or sector in which they are to operate; and
(e)the name and address of the proposed directors of the co-operatives to be constituted.