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Foreign co-operatives

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Registration

An interstate co-operative must not carry on business in South Australia unless registered as a foreign co-operative. (s362) Carrying on business constitutes:



A South Australian co-operative wishing to trade interstate must be registered as a foreign co-operative under the consistent co-operatives legislation of the jurisdiction in which it proposes to trade.


Compliance certificate

A certificate of compliance from the home State regulator is a prerequisite to apply to be registered as a foreign co-operative. To issue a compliance certificate to a South Australian co-operative, CBS must be satisfied that the co-operative is at the time complying with the prescribed provisions. (s373) These are:

  • Part 5 - Rules
  • Part 6 - Active membership
  • Divisions 5, 6 and 7 of Part 9:
    • Financial reports and audit
    • Registers, records and returns
    • Name and registered office and
  • Division 1 of Part 10 - Power to raise money. (Reg 37)


In practice, when a compliance inspection for foreign registration is undertaken by CBS, overall compliance with the Act is also considered.


Mergers and transfers of engagements

A South Australian co-operative and a co-operative incorporated under consistent interstate legislation may consolidate all or any of their assets, liabilities and undertakings by way of merger or transfer of engagements. (s375)

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