Co-operatives Act 1992 Regulation relating to forms (1995-726) [GG No 152 of 15.12.1995] (NSW)
1995—No. 726
CO-OPERATIVES ACT 1992—REGULATION
(Relating to forms)
NEW SOUTH WALES
[Published in Gazette No. 152 of 15 December 1995]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Co-operatives Act 1992, has been pleased to make the Regulation set forth hereunder.
FAYE LO PO', M.P.
Minister for Fair Trading.
Commencement
1. This Regulation commences on 15 December 1995.
Amendments
2. The Co-operatives (General) Regulation 1992 is amended:
(a) by omitting from clause 50 (2) (b) the matter “Form 15” and by inserting instead the matter “Form 17”; (b) by omitting clauses 68–71 and by inserting instead the following clauses: Notice regarding third party property
68. A notice referred to in clause 4A (3) of Schedule 4 to the Act is to be in Form 12.
Managing controller’s report
69. (1) For the purposes of clause 6A (1) of Schedule 4 to the Act, Form 13 is the prescribed form of report.
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(2) For the purposes of clause 6A (3) of Schedule 4 to the Act, the prescribed fee for the inspection of a report is the fee specified in Schedule 1 in respect of such a service.
Notification of matters relating to controller
70. (1) A notice referred to in clause 12 (1), (2) (a) and (3) (a) of Schedule 4 to the Act is to be in Form 14.
(2) For the purposes of clause 12 (4) of Schedule 4 to the Act, Form 15 is the prescribed form of notice.(3) For the purposes of clause 12 (5) of Schedule 4 to the Act, Form 16 is the prescribed form of notice.
(4) A notice referred to in clause 12 (6) of Schedule 4 to the Act is to be in Form 15.
Reporting officers’ report
71. For the purposes of clause 14 (2) (b) of Schedule 4 to the Act, Form 13 is the prescribed form of report.
Report required by controller
72. (1) For the purposes of clause 15 (1) of Schedule 4 to the Act, Form 17 is the prescribed form of statement
(2) For the purposes of clause 15 (1) of Schedule 4 to the Act, Form 13 is the prescribed form of report.
Controller’s accounts
73. For the purposes of clause 17 (2) of Schedule 4 to the Act, Form 18 is the prescribed form of report.
(c) by inserting at the end of the list of fees in Schedule 1 the following matter: Fee for inspection of managing controller’s report under
clause 6A (3) (b) of Schedule 4 to the Act ....... $20
(d)
by omitting from clause 2 (b) (i) of Schedule 2 the matter “Form 18” and by inserting instead the matter “Form 19”;
(e)
by omitting Forms 10–16 from Schedule 4 and by inserting instead the following forms:
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Registry of Co-operatives Form 12
(Cl. 68)NOTICE OF CONTROLLER’S INTENTION Co-operatives Act NOT TO EXERCISE PROPERTY RIGHTS 1992 (Sch. 4 cl.
4A(3))To: ............. (insert name) ............. of ............. (insert address)
.............................. the *owner/*lessor of property (“the specified property”) being: ................................... .................................................................................................. (insert name and description of property including, if appropriate, relevant reference numbers and account numbers identifying contracts such as leasing arrangements in relation to that property).
I, ............. (insert name) ............. , of ............. (insert address) ................ , the controller of property of ................ (insert name of co-operative) (“the co-operative”) give you notice that I do not propose to exercise rights in relation to the specified property as controller of the specified property, whether on behalf of the co-operative or anyone else.
Dated this ................... day of ................... 19 ....... Controller’s signature .................................. Notes: 1. Under clause 4A (4) of Schedule 4 to the Co-operatives Act 1992, the controller is not liable for rent or other amounts payable by the co-operative in relation to the specified property while this notice is in force, but the notice does not affect a liability of the co-operative.
2. Under clause 4A (5) of Schedule 4, this notice ceases to have effect if the controller:
(a) revokes the notice, by writing to the owner/lessor; or
(b)
exercises or purports to exercise a right in relation to the specified property as the controller.
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Schedules
SCHEDULE E
CLAlMS BY EMPLOYEES
Long
service Estimated
Employee's name and address Wages Holiday pay leave liability SCHEDULE F
PREFERENTIAL CREDITORS (OTHER THAN THOSE DETAILED IN SCHEDULE E)
Name and address of preferential creditor Description of amount owing Amount owing SCHEDULE G
PARTLY SECURED CREDITORS Amount
Estimated Amount estimated
Name and address Particulars of Nature of value of owing to to rank as of creditor security held security security creditor unsecured 1995—No. 726
Schedules
SCHEDULE H
UNSECURED CREDITORS
Amount Amount Reasons for difference claimed by admitted as between amount claimed
Name and address of creditor creditor owing and admitted (if any) SCHEDULE I CONTINGENT ASSETS
Description of asset Gross asset Estimated to produce
$ $ SCHEDULE J
CONTINGENT LIABILITIES
Name and address of Estimated rank
creditor Nature of liability Gross liability for
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Form 17
(C1. 72)
STATEMENT VERIFYING REPORT Co-operatives Act
1992 (Sch. 4 cl.
15 (1))I, ............. (insert name) ............. , of ............. (insert address)
.................................................verify that:
(a) I am .............................. (insert description sufficient to show that the person making the statement is a person referred to in clause 15 (I) of Schedule 4 of the Co-operatives Act 1992) of
........................... Limited, and
(b) the particulars contained in the report as to affairs relating to
.......................... Limited, dated ........................... in the annexure marked “A” and signed by me are true to the best of my
knowledge and belief.Dated this .................. day of ................... 19........
Signature .........................................
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Form 19
(Sch. 2 cl. 2 (b)(i)
POSTAL BALLOT PAPER Co-operatives Act
1992Name of co-operative ...................................................................
Ballot of members to determine the following proposal:
..............................................................................................
..............................................................................................
..............................................................................................
..............................................................................................
The ballot will close at noon on ........................HOW TO VOTE
1. Read these directions and the ballot paper carefully.
2. Complete and sign the details on the reverse side of the middle envelope.
3. If you are in favour of the proposal, insert the word “YES” in the square on the ballot paper. If you are not in favour of the proposal insert the word “NO”.
4. After marking the ballot paper, fold it and place it in the small envelope provided and seal the envelope. Then place this envelope in the middle envelope and place the middle envelope in the envelope addressed to the returning officer. Forward this envelope either by post or by personal delivery so as to reach the returning officer not later than noon on ............................
5. Unless the ballot paper is marked as indicated in note 3 above and the details referred to in note 2 above are completed in full and signed your vote may be rejected as informal.
............................................ (Initials of returning officer)
BALLOT PAPER
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Are you in favour of the proposals as referred to above?
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EXPLANATORY NOTE
The Co-operatives Amendment Act 1995 amended some of the provisions of the Co-operatives Act 1992 that deal with receivers and other controllers of property of co-operatives.
The object of this Regulation is to prescribe new forms required as a result of those amendments as well as new forms relating to other provisions of the Co-operatives Act 1992. Those forms deal with the following matters:
(a) the giving of notice of the details of a charge (Form 10);
(b)
the giving of notice of the discharge or release of property from a charge (Form 11);
(c)
the giving of notice of a controller’s intention not to exercise certain property rights (Form 12);
(d)
the form of any report as to the affairs of a co-operative prepared by a managing controller or prepared on the appointment of a controller (Form 13);
(e) the giving of notice that a person has been appointed as a controller (Form 14);
(f)
the giving of notice that a person has been appointed as an external administrator or that their appointment has ceased (Form 15);
(g)
the giving of notice of the change of address of an external administrator (Form 16);
(h) the verification of reports as to the affairs of a co-operative (Form 17);
(i) the accounts of a co-operative (Form 18);
(j) the form of ballot paper for a postal ballot on proposals for resolution (Form 19). This Regulation also imposes a fee for the inspection of a managing controller’s report about a co-operative’s affairs.
This Regulation is made under the Co-operatives Act 1992, including section 446 (the general regulation-making power).
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