Zambia Statutory instrument

Zambia legislation

Co-operative Societies Regulations, 1999

This section defines “Registrar,” “co-operative,” and “co-operative society.” A co-operative must apply for registration using Form I in the First Schedule and pay the fee set in the Second Schedule.…

admissionamendment certificationapplication formborrowing conditionsby-lawsby-laws inspectioncertificate amendmentcertificatesco-operative governanceco-operative registrationco-operative societyco-operativescorporate documentsdefinitionseducation meetingsestablishmentfee paymentfeesformsmember educationmember fundingmembershipmembership applicationsname changenotice requirementsregistered officeregistrar officeregistrationregistration cancellationrepealstartup capital

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01

Purpose and legislative effect

“This section defines “Registrar,” “co-operative,” and “co-operative society.””

This section defines “Registrar,” “co-operative,” and “co-operative society.” A co-operative must apply for registration using Form I in the First Schedule and pay the fee set in the Second Schedule. When a co-operative is registered, the Registrar must issue a certificate of registration in Form 2. If the Registrar refuses to register a co-operative, the refusal must be notified in Form 3 from the First Schedule. If the Registrar is satisfied that a co-operative society’s by-law amendments comply with the Act, the Registrar must issue a certificate of amendment in Form 4.

02

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Showing 27 of 27 provisions

Provision 20Amendment 3Repeal 2Interpretation
§ 2In these Regulations, unless the context otherwise requires- InterpretationInterpretation

This section defines “Registrar,” “co-operative,” and “co-operative society.”

2. In these Regulations, unless the context otherwise requires- Interpretation "Registrar" means the Registrar of Co-operatives appointed under section six; " co-operative " means any enterprise or organisation owned collectively by its members and managed for their joint socio-economic benefit and whose activities are not pro­ hibited by law; and "co-operative society" means a co-operative registered under this Act as a co-operative society.
§ 3A co-operative shall apply for registration in Form I set outProvision

A co-operative must apply for registration using Form I in the First Schedule and pay the fee set in the Second Schedule.

3. A co-operative shall apply for registration in Form I set out in the First Schedule upon payment of the fee prescribed in the Second Schedule. Applicalion f9r rcgistra­ l10n
§ 4The Registrar shall, upon registration of a co-operative issueProvision

When a co-operative is registered, the Registrar must issue a certificate of registration in Form 2.

4. The Registrar shall, upon registration of a co-operative issue a certificate of registration in Form 2 set out in the First Schedule. Ce11ilicmc or registration
§ 5Where the Registrar refuses to register a co-operative, noti­Provision

If the Registrar refuses to register a co-operative, the refusal must be notified in Form 3 from the First Schedule.

5. Where the Registrar refuses to register a co-operative, noti­ fication of the refusal shall be in Form 3 set out in the First Schedule. Notice or refusal 10 register
§ 6Where the Registrar is satisfied that a co-operative society'sAmendment

If the Registrar is satisfied that a co-operative society’s by-law amendments comply with the Act, the Registrar must issue a certificate of amendment in Form 4.

6. Where the Registrar is satisfied that a co-operative society's amendments to its by-laws are in conformity with the provis_ions of the Act, the Registrar shall issue a certificate of amendment to the by-laws in Form 4 set out in the First Schedule.
§ 7( 1) Where a co-operative society changes its name theAmendment

If a co-operative society changes its name, it must surrender its original registration certificate to the Registrar, who must then issue a new certificate.

7. ( 1) Where a co-operative society changes its name the Certilicatc of Amendment Cha111rc of nnmc'by_ co-qpcrat1vc SOL"H!I) Copies of 1his Starwnr)' lns1ru111e111 con be nb1ained from the Governmrnr Prinll'I". P.O. Box 30136. /0/0I Lusaka. Price Kl,500 each. 52 Statutory Instruments 12th February, 1999 c o-operative society shall surrender its original certificate of regi�­ tration to the Registrar. (2) Where a certificate is surrendered under sub-regulation(!), the Registrar shall issue a new certificate of registration.
§ 8Where the Registrar cancels the registration of a co-operativeProvision

If the Registrar cancels a co-operative society’s registration under section 81(1), the Registrar must give the society written notice in Form 5.

8. Where the Registrar cancels the registration of a co-operative society under subsection (I) of section eighty-one of the Act, the Registrar shall give notice of the cancellation in writing to the co-operative society in Form 5 set out in the First Schedule. Noticeof cancellation Application for member­ s h i p
§ 9An application for membership in a co-operative shall be inProvision

An application for membership in a co-operative must be in Form 6 in the First Schedule.

9. An application for membership in a co-operative shall be in Form 6 as set out in the First Schedule. Fees
§ 10The fees specified in the Second Schedule are payable inRepeal

The fees listed in the Second Schedule must be paid for the matters covered there.

10. The fees specified in the Second Schedule are payable in respect of the matters mentioned therein. Repeal of Statutory Instrument No. 39 of 1972
Section 10Verify source
§ 11The Co-operative Societies Rules, 1972 are hereby re­Repeal

This section repeals the Co-operative Societies Rules, 1972, and introduces a prescribed form for applying to register a co-operative society.

11. The Co-operative Societies Rules, 1972 are hereby re­ pealed. REPUBLIC OF ZAMBIA PRESCRIBED FORMS l'IRST S CHEDULE (Regulations 2, 3, 4, 5, 6. 7, 8, and 9) APPLICATION FOR REGISTRATION AS CO-OPERATIVE SOCIETY ( Regulation 3) I. We, !he undersigned ................................................................... . FORM 1 (Insert name. address and occupation of at least ten persons or of at least two officers of each society if application is made by registered co-operative societies) desire to form a co-operative society under the Co-operative Societies Act, and hereby apply for registration.
Section 11Verify source
§ 2The name of the proposed co-operative society is (insert proposed name)Provision

The proposed co-operative society’s name is to be inserted here.

2. The name of the proposed co-operative society is (insert proposed name)
§ 3The registered office of the co-operative society is to be at (insert proposed address)Provision

The co-operative society must have its registered office at the stated proposed address.

3. The registered office of the co-operative society is to be at (insert proposed address)
§ 4Enclosed are four copies of t h e proposed by-laws which specify t h eProvision

The provision says four copies of the proposed by-laws are enclosed, and they set out the co-operative’s objects.

4. Enclosed are four copies of t h e proposed by-laws which specify t h e objects o f the co-operative.
§ 5These proposed by-laws were approved by persons willing to become members, at aProvision

The proposed by-laws were approved by persons willing to become members at a general meeting.

5. These proposed by-laws were approved by persons willing to become members, at a general meeting held at .................................................................... . on ........................................................................................... .
§ 6� ....................... persons, including-the undersigned, are now willing to becomeProvision

The text says the persons, including the undersigned, are willing to become members and have made the payment needed for membership admission under the enclosed by-laws.

6. � ....................... persons, including-the undersigned, are now willing to become members and have made the payment necessary for admission to membership as prescribed in the enclosed by�laws. 12th February, 1999 Statutory Instruments 53
§ 8We, the undersigned have consented to direct the affairs of the proposed co-operativeProvision

The undersigned have consented to direct the affairs of the proposed co-operative society until their successors are elected at the first annual general meeting after registration.

8. We, the undersigned have consented to direct the affairs of the proposed co-operative society as required by subsection (2) of section thircy-eight of the Co-operative Societies Act, until our successors are elected at the first annual general meeting held after registration of the co-operative society.
§ 9Location of proposed co-operative societyProvision

This text appears to be a heading and a questionnaire item about attitudes toward community projects, not a clear legal rule.

9. Location of proposed co-operative society - I 0. Attitudes towards community projects Do the people work well together in voluntary projects to benefit the community or area in which they live, or the occupational, employment or associational group to which they belong? ···································································································
§ 11Financial participation by membersCommencement

Members must provide basic capital and other financial support for the co-operative society, and borrowing is only possible if members are prepared to finance it.

11. Financial participation by members ( p) Will the memebcrs provide share capital or other funds to get their co-operative society started and continue to give it financial support after operations com­ mence? (Members must gradually provide the basic capital required. Borrowing by a co-opcrati ve society for seasonal or other operations are possible only if members are prepared to finance the co-operative society they own and control ). (b)Value of cach share K ................. . Total expected to be paid on shares subscribed when operations commence K ............. . ( c) Total paid-up member.ship fees expected when operations commence K ........ . Total entrance f ecs to be paid when operations commence K. ...................... . ( d) From what source of income will member:s provide the capital required? (e.g. from salaries. wages, business, seasonal sale of fann produce, etc.) NOTE If proposed co-operative society is a credit union, at least thirty persons should be prepared to save regularly when operations commence, and number or potential savers should be at least one hundred.
Section 11Verify source
§ 12Educational meetingsProvision

The provision asks whether educational meetings were held about the proposed co-operative society, its operations, and its benefits to members.

12. Educational meetings: Have educational meetings been held to discuss the proposed co-operative society. its operations and its benefits to memhcr:,, iflhi.!y support it? ( a) if so, how many? .............•....................................•.........•........... (b) average number in attendance ........................................................ . (c) speaker ................................................................................. .
Section 12Verify source
§ 13Discussion groupsProvision

This section asks applicants to provide details about discussion groups, office space, planning advice, and consultation for a proposed co-operative society.

13. Discussion groups: Have study and discussion groups been organised to involve and infonn the people who wish to become members? (a) If so. how many? .................................................................... . 54 Statutory Instrumellls 12th February, I 999 (b) How long havetl1ey been in operation? ............................................ . ( c) Have model by-laws been discussed? ............................................ . ( d) Discussion group leader.; ........................................................... . 14 Officespace: If office space, a building or equipment are required for the purposes of the co­ operative society, how will these be obtained and financed'! I 5. Planning and technical advice: Hasadviccbcenobtaincd on whcthcrplanningforthcproposedco-opcmtivesociety seems adequate and whether it has reasonable prospects for success if the members give it their support? If so,givesourceof such advice ..... -�: .........•...........•.......•.. , .................. . I 6. Consultation with Co-operative Officer: Has an olliccrofthc Department of co-operatives been consulted on the need for the proposed co-operative society and lhe nece.5SaC)' preparations for organisation? (Give details) ............................................................................. . Dated .............................. the ..................... day of. ................. I 999 ..................................... , ...... · ................................................ . Certified correct Acting Chainnan Aeling Secreta,y FoR Use oF REGISTRAR ONLY I. Application for registration approve<b'rejectcd.
Section 13Verify source
§ 2Approval deferred pending receipt of further informationProvision

The Registrar of Co-operatives may ask for more information or suggest further preparation before an application for a co-operative society is approved.

2. Approval deferred pending receipt of further information. Dated ................................. the .............•......... day of ................ 1999 Witness ................................................................................... . Certified correct INSTRUcnONS This application fonn should be completed on behalf of a group interested in the fonnalion of a co-operative society and fmwarded to the Registrar of Co-operatives. The Registrar may require additional infonnation or recommend further preparations for the organisation to ensure that the proposed co-operative society will be of lasting benefit to its members. 12th February, 1999 Statutory Instruments 55 REPUBLIC OF ZAMBIA THE Co.-OPERATIVB Socmm:s REGULATIONS CERTIF1CA1E OP REGISTRATION (Reguladon 4/ FORM2 I Certify that I have this day registered .................................................. .. Limited as a co-operative society under the Co-operative Societies Act. The registered address of the co-operative society is ................................... .. ••••••••••••••••••••••••••••••••••••••••••• • • • • •••••••••••••••••••••••••••••••••••••••oo••••••••••• and its postal address is ...................................................................... .. Date ......................................... . Registrar of Co-operatives REPUBLIC OF ZAMBIA THE CCrOPERATIVE SOCIEI1ES REGUU.TIONS NOTICE OF REfuSAL TO REolsIER A Co-OPERATIVE SoaErv (Regulation 5/ FoRM3 To the Chainnan .............................. (name of co-operative society) I hereby gi_ye notice that, in exercise of powers conferred upon me by subsection (1) of section fifteen or subsection (4) of section twenty of the Co-operative Societies Act. I have this day refused to register your society/amendments to by-laws of your co-operative society (delete as applicable) under the said Act on the ground that ................................ . ··············································· ...................................................... . Dated this ................................................ day of ............................... . Registrar of Co-operatives REPUBLIC OF ZAMBIA THE CO-OPERATIVE SOCIETIES REGULATIONS CERTIFlCAlE OF NvtEND�mNr OF By LA ws (Reguladon 6/ Under the powers vested in me by subsections (2) and (3) of section twenty of the Co-operative Societies Act, I CERTIFY that I have registered the amendments to the by- laws of ................................................... as hereto attached. Datell this ............................................. day of .............................. 1999 ............................................................... Registrar of Co-operatives FoRM4 REPUBLIC OF ZAMBIA THE Co-OPERATIVE SOCIIITIES REGULATIONS Nonce OF CANCELLATION OF REolSTRATION (Regu/adon 8/ FOR.\.t 5 To the Chairpe=n ................................. (name of society) I hereby give you notice that.in accordance with section 81 (1) of the Co-operative Societies Act. I intend tocanceltheregistrationofyourco-operativesocietywithinaperiodoffourteendaysfrom the date of this notice on the ground that. ............................................. . •••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ••••••••••••••••••••••••••••••••••oo••••• 56 Statutory Instruments 12th February, 1999 Any appeal to the Minister against cancellation must be delivered to the Pennanent Secretary within thirty days from the date of the cancellatioIL Dated this ............................................. day of.. .......................... .1999 ·························· ... · ................................ . Registrar of Co-operatives REPUBLIC OF ZAMBIA TuE CO-OPERATIVE SocnmES REGULATIONS Am.lCATION FOR MEMBERSHIP (Reg1dation 9) FoRM6 Dated ............... Year .............. . To THE BOARD OF DIRECTORS (CoMrttrrIEE) .......•.......••. ,, ........ , ... , ........ ,_ ..... , .. I hereby apply for membership in the ................................................... . Limited. On becoming a member, l agree to confonn to the by-laws and amendments thereto of the co-operative society, use its services faithfully, and be loyal to the members. The sum of K ........... ,, ................. is paid with this application including (strike out where not applicable): ( a) entrance fee of ................................................................. . (b) membership fee of ........................................................... .. ( c) I subscribe for ................................. shares with payment thereon of ............................................................................... . Application endorsed by .............................. (director or member in good standing or other person known to the directors) SECOND SCHEDULE f'REsCRIBED FEES (Regulation JO) FeeUn.iL'f I. Registration of a co-operative society comprising of individuals .. , ............. 55
§ 2Registration of a co-operative union .............................................. 11 JProvision

Section 2 is titled “Registration of a co-operative union.”

2. Registration of a co-operative union .............................................. 11 J
§ 3Registration of a federation .......................................................... 278Provision

Section 3 is titled “Registration of a federation.”

3. Registration of a federation .......................................................... 278
§ 4Registration of amendment of by-laws ............................................... 28Amendment

Section 4 is titled “Registration of amendment of by-laws.”

4. Registration of amendment of by-laws ............................................... 28
§ 5Registration of change of name of a society ........... : ............................ 28Provision

This section is about registering a change of name of a society.

5. Registration of change of name of a society ........... : ............................ 28
§ 6Inspection of by-laws in office of Registrar ............................... 28Provision

This section is titled “Inspection of by-laws in office of Registrar.”

6. Inspection of by-laws in office of Registrar ............................... 28
§ 7Replacement oflost certificate of any regislration .... : .................. 28Provision

This section concerns replacement of a lost certificate of any registration.

7. Replacement oflost certificate of any regislration .... : .................. 28 LUSAKA 5th February, 1999 [FSD.64/1/1] S.M.DESAI, Minister of Agriculture,' Food a11d Fisheries

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  • Co-operative Societies Act

    Sections 2, 8

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  • 12 Feb 1999 · currentEnglish

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