CHAPTER 397 - CO-OPERATIVES SOCIETIES ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Co-operative Societies Act 1998, (Commencement) Order, 1999
Co-operative Societies Regulations, 1999
CO-OPERATIVE SOCIETIES ACT 1998, (COMMENCEMENT) ORDER
[Section 1]
Arrangements of Paragraphs
Paragraph
1. Title
2. Commencement of Act No. 20 of 1998
SI 24 of 1999.
This Order may be cited as the Co-operative Societies Act 1998, (Commencement) Order, 1999.
2. Commencement of Act No. 20 of 1998
The Co-operative Societies Act, 1998 shall come into operative on the publication of this order.
CO-OPERATIVE SOCIETIES REGULATIONS
[Section 83]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangements of Regulations
Regulation
1. Title
2. Interpretation
3. Application for registration
4. Certificate of registration
5. Notice of refusal to register
6. Certificate of Amendment
7. Change of name by co-operative society
8. Notice of cancellation
9. Application for membership
10. Fee
11. Repeal of Statutory Instrument No. 39 of 1972
SI 26 of 1999.
These regulation may be cited as the Co-operative Societies Regulations, 1999.
In these regulations unless the context otherwise requires–
"registrar” means the Registrar of Co-operative appointed under section 6;
“co-operative” means any enterprise or organisation owned collectively by its members and managed for their joint social-economic benefit and whose activities are not prohibited by law; and
“co-operative society” means a co-operative registered under this act as a co-operative society.
3. Application for registration
A co-operative shall apply for registration in Form 1 set out in the first schedule upon payment of the fee prescribed in the second schedule.
4. Certificate of registration
The Registrar shall upon registration of a co-operative issue certificate of registration in form 2 set out in the first schedule.
5. Notice of refusal to register
Where the Registrar refuses to register a co-operative , notification of the refusal be in form 3 set out in the first schedule.
Where the Registrar is satisfied that a co-operative society’s amendments to its by laws are in conformity with the provision 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. Change of name by co-operative society
(1) Where a co-operative society changes its name the co-operative society shall surrender its original certificate of registration to the Registrar.
{mprestriction ids="2,3,5"}
(2) Where a certificate is surrendered under sub regulation (i), the Registrar shall issue a new certificate of registration.
Where the Registrar cancels the registration of a co-operative society under subsection (1) of section 81 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.
An application for membership in a co-operative shall be in form 6 as set out in the first schedule.
The fees specified in the second schedule are payable in respect of the matters mentioned therein.
11. Repeal of Statutory Instrument No. 39 of 1972
The Co-operative Societies Rules 1972 are hereby repealed.
____________________________
REPUBLIC OF ZAMBIAPRESCRIBED FORMS
[Regulation 2, 3, 4, 5, 6, 7, 8 and 9]
APPLICATION FOR REGISTRATION AS CO-OPERATIVE SOCIETY
[Regulation 3]
FORM 1
1. We, the undersigned …….………………………………………………………………..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
(insert name, address and occupation of at least 10 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 society act and hereby apply for registration.
2. The name of the proposed co-operative society is (insert proposed name) ..........................................................................................................................
3. The registered office of the co-operative society is to be at (insert proposed address) ……………………………………………………………………………………………………………………………………………………………………………
4. Enclosed are four copies of the proposed by-laws which specify the objects of the co-operative.
5. These proposed by-laws were approved by person willing to become members, at a general meeting held at ……………………...................................
on………………………………………………………………………………………………………...............................................................................................
6. ………………………………………….. person 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.
7. The registration fee is enclosed.
8. We, the undersigned have consented to direct the affairs of the proposed co-operative society as required by subsection (2) of section 38 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.
9. Location of proposed co-operative society ……………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………………………………………………………
10. 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 associated group to which they belong?
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….................................................................................
11. Financial participation by members–
(a) Will the members provide share capitals or other funds to get their co-operative society started and continue to give it financial support after operations commerce ?
…………………………………………………………………………………….........................................................................................................................
(Members must gradually provide the basic capital required. Borrowing by a co-operative society for seasonal or other operations are possible only if members are prepared to finance the co-operation society they own and control).
(b) Value of each share K………………………….
Total expected to be paid on shares subscribed when operations commerce K………………………………………………………….
(c) Total expected to be paid on shares subscribed when operation commence K………………………………………………....
Total entrance fee to be paid when operation commence K…………………….
(d) from what source of income will members provide the capital required ?
(e.g. from salaries , wages, business, seasonal sale of farm produce, etc.)
…………………………………………………………………………………………………………………………………….........................
NOTE: If proposed co-operative society is a credit union at least 30 persons should be prepared to save regularly when operation commence, and number or potential savers should be at least 100.
12. Educational meetings
Have educational meetings been held to discuss the proposed co-operative society its operation and its benefits to members if they support it ?
(a) if so, how many? ………………………………………………………………..
(b) average number in attendance………………………………………...............
(c) speaker…………………………………………………………………………...
13. Discussion groups
Have study and discussion group been organised to involve and inform the people who wish to become members?
(a) if so, how many?………………………………………………………………......
(b) How long have they been in operation?…………………………………………..
(c) Have model by laws been discussed…………………………………………….
14. Office space
If office space a building or equipment are required for the purpose of the co-operative society how will these be obtained and financed
15. Planning and technical advice
Has advise been obtained on whether planning for the proposed co-operation society seems adequate and whether it has reasonable prospects for success if the members give it their support?
If so give source of such advice………………………………………………………......
16. Consultation with co-operative Officer
has an officer of the department of co-operative been consulted on the need for the proposed co-operative society and the necessary preparations for organisation .
(Give details)…………………………………………………………………………
Dated………………………..the …………………….day of ……………….20 .....
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Certified correct
…………………………………………
Acting Chairman
…………………………………………
Acting Secretary
FOR USE OF REGISTRAR ONLY
1. Application for registration approved/rejected.
2. Approval deferred pending receipt of further information.
Dated……………………………….. the………………….. day of…………….. 20 ..
Witness……………………………………………………………………………………………………………………………………………………………………
……………………………………………
Certified correct
INSTRUCTIONS
This application form should be completed on behalf of a group interested in the formation of a co-operative society and forward to the Registrar of co-operatives. This Registrar may require additional information or recommend further preparation for the organisation to ensure that the proposed co-operative society will be of lasting benefits to its members.
__________________________________________
REPUBLIC OF ZAMBIATHE CO-OPERATIVE SOCIETIES REGULATIONSCERTIFICATE OF REGISTRATION
[Regulation 4]
FORM 2
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…………………………………....
and its postal address is………………………………………………………………….....
……………………………………………………………………………………………………………………………………………………………..
Date…………………………………………………….
……………………………………………………….....
Registrar of Co-operatives
__________________________
REPUBLIC OF ZAMBIATHE CO-OPERATIVE SOCIETIES REGULATIONSNOTICE OF REFUSAL TO REGISTER A CO-OPERATIVE SOCIETY
[Regulation 5]
FORM 3
To the Chairman………………………………………… (name of co-operative society) I hereby give notice that, in exercise of powers conferred upon me by subsection (1) of section 15 or subsection (4) of the section 20 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 this said act on the ground that…………………………………………………………………………………………………………………………………………………………………………
Dated this…………………………………. Day of………………………………………
………………………………………………………
Registrar of co-operatives
_____________________
REPUBLIC OF ZAMBIACO-OPERATIVE SOCIETIES REGULATIONSCERTIFICATE OF AMENDMENT OF BY LAWS
[Regulation 6]
FORM 4
Under the powers vested in me by subsections (2) and (3) of section 20 of the co-operatives societies act, I CERTIFY that I have registered the amendments to the by laws of…………………………………As here to attached.
Dated this…………………………………. Day of ……………………… 20 ...
………………………………………………………
Registrar of co-operatives
_____________________________
REPUBLIC OF ZAMBIACO-OPERATIVE SOCIETIES REGULATIONSNOTICE OF CANCELLATION OF REGISTRATIONS
[Regulation 7]
FORM 5
To the Chairperson ……………………………………… (name of society) I hereby give you notice that in accordance with section 81 (1) of the co-operative societies act, I intend to cancel the registration of your co-operative society within a period of 14 days from the date of this notice on the ground that
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Any appeal to the Minister against cancellation must be delivered to the Permanent Secretary within 30 days from the date of the cancellation.
Date this…………………………………… day of …………………………………. 20 ...
……………………………………………………..
Registrar of co-operative
__________________________
REPUBLIC OF ZAMBIACO-OPERATIVE SOCIETIES REGULATIONSAPPLICATION FOR MEMBERSHIP
[Regulation 8]
FORM 6
Dated……………………………Year………………………
TO THE BOARD OF DIRECTORS (COMMITTEE)…………………………………
I hereby apply for membership in the ………………………………………..........….
Limited. On becoming a member, I agree to conform 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 director).
PRESCRIBED FEES
[Regulation 9]
Fee Units 1. Registration of a co-operative society comprising of individuals 55 2. Registration of a co-operative union 111 3. Registration of a federation 278 4. Registration of amendment of by-laws 28 5. Registration of change of name of a society 28 6. Inspection of by-laws in office of registrar 28 7. Replacement of lost certificate of any registration 28 {/mprestriction} |