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

Chapter 10 : Judicial Management

77. Judicial management

 

(1) If the Tribunal has reason to believe that any activity of a co-operative is likely to result in an order of provisional judicial management being issued in respect of such co-operative, the Tribunal must provide every form of support that is within its mandate, as set out in Chapter 12C, to the co-operative concerned.

 

(2) In the event of the Tribunal not being able to transform the co-operative concerned into an operational co-operative, the procedures in subsection (3) relating to judicial management will apply.

 

(3) The Minister must, by notice in the Gazette, publish procedures relating to judicial management within three months of commencement of the Co-operatives Amendment Act, 2013.

 

(4) For the purposes of this section and in relation to a co-operative, "operational" means a co-operative that has held its annual general meeting and has submitted its annual report, audited report or independent reviewed report as applicable, to the registrar in its last financial year.

 

[Section 77 substituted by section 59 of Notice No. 558, GG 36729, dated 5 August 2013]