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Victorian Co-operatives Act 1996
Purpose of the legislation
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To improve the standards and operation of the legislation governing
non-financial co-operatives in Victoria.
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To create a base document for core consistent co-operatives legislation in
other jurisdictions around Australia.
Principle policy intentions
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To provide that incorporation as a co-operative be a right available to any
group wishing to have the benefits of co-operation.
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To enable co-operatives to have corporate powers equivalent to other
corporations.
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To maintain the principle of active member control of co-operatives, including
one member one vote as central to the control of co-operatives.
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To provide for co-operatives to have similar standards to those applying to
corporations in dealings with, or reporting on activities concerning third
parties.
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To provide similar standards of directors as those applying to directors of
similar sized corporations.
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To provide co-operatives with a range of alternatives in regard to determining
the optimal capital structure to best service the needs of members.
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To enable co-operatives to merge across state borders.
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To recognise interstate and overseas co-operatives trading in Victoria.
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To strengthen the Registrar's powers to undertake investigations and
enforcement to ensure that the interests of co-operatives, their members and
the public generally, are protected.
Main features
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Includes the 7 internationally recognised
co-operative principles.
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Interpretation of the act to promote the co-operative principles.
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Provides for both
mutual
co-operatives and
business
co-operatives.
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Co-operatives can be formed with, or without shares (non trading co-ops only).
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Allows co-operatives outside Victoria and Australia to register in the state.
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Co-operatives have the legal capacity of a natural person.
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Members have limited liability.
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At least 5 persons required to form a co-operative.
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Individuals and corporate bodies can be members.
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Members have to be 'active' to retain membership.
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Shares only issued to 'active' members.
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Different classes of shares can be issued.
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Individual shareholding limited to 20% of the total number of shares issued.
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Share transfers require approval by the board.
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Voting relates to membership (one member one vote), not shareholding.
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Members receive disclosure statements for major decisions.
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No limit to the number of directors.
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Board can transact business outside board meetings.
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Board or members can appoint external (non member) directors.
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A co-operative can raise funds from members and non members.
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Annual independent audit of co-operatives affairs.
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Enables mergers of co-operatives within Victoria and across state borders.
Link to Victorian Co-operatives Act
Click here
to view the Victorian Co-operatives Act 1996.
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Co-ops formed
Clients
Publications
CDS Director
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