Transferring registration to another legal entity

• A special postal ballot requires the issue of a Disclosure Statement that has been approved by the Registrar, to all members of the co-operative.
• Submit the Form C16 – Application to approve statement/disclosure statement along with a copy of the draft Disclosure Statement. The draft disclosure statement must contain the information required in section 248 of the CNL. 

Note: The Registrar can, in appropriate circumstances, exempt a co-operative from the requirement to hold a special postal ballot. An application for exemption must be made on Form C17 – Application for Approval, Consent, Exemption, Order or Certificate and should be made no later than the time the disclosure statement is submitted to Fair Trading.
 

• A notice is to be published in the district in which the registered office of the co-operative is situated advising of the proposal to submit the proposed special resolution to members of the co-operative. 

Pass a special resolution to:

• approve the proposed transfer
• approve the proposed name under which the co-operative is to apply to be registered
• approve the rules.

The co-operative may need to:

• pass additional resolutions, or
• comply with other requirements under the legislation governing the corporate structure to which it intends to transfer.

You should contact the regulatory authority administering the law under which the co-operative is to become registered to determine additional requirements.
 

• The application Form C10 – Application to register rule amendment(s)/special resolution(s) must be lodged within 28 days of the special resolution being passed and be accompanied by a copy of the newspaper notice showing the date of publication and the prescribed fee.
• The special resolution for the proposed transfer has no effect until it is registered.
   

• Submit with Fair Trading the Form A4 – Application for registration of incorporated association (company or co-operative).
• The Form A4 is to be accompanied by a copy of the proposed constitution (not required if the model constitution is to be adopted); a copy of the co-operative’s financial statements for the 2 financial years before the application is made; the prescribed fee.
• Fair Trading will notify the co-operative of the registration of the special resolution; provide the certificate of registration for the association; and de-register the co-operative.

OR

Register the company

• Lodge with ASIC the Form 202 – Application for registration of a body corporate as a company accompanied by Fair Trading’s approval to transfer documentation.
• Once the company has been registered, provide Fair Trading with a copy of the registration certificate to enable the co-operative to be de-registered. 

OR

Register the corporation

• Lodge with CATSI an Application for registration (existing organisation) form.
• Once the corporation has been registered, provide Fair Trading with a copy of the registration certificate to enable the co-operative to be de-registered. 
   

Record the change of registration and the new name of the organisation:

• on the organisation’s bank accounts, documents, books and records
• with relevant government departments for taxation and other records (for example, land titles and car registrations)
• on signage, letterhead and website.