1947-HKRS28-8-14_Part05 — Page 5

Authenticated Laws 確真本香港法例 All

Appointment

of Registrar And Assistant

Bagistrure,

Sociation which Jay he

2

"Registrar' means the Registrar of Co-operative Societies appointed under Section 3 of this Ordinance and includes any person when exercising such powers of the Registrar as may have been conferred upon him under that section;

3.

"rules" means rules made under this Ordinance.

PART II.

REGISTRATION.

The Governor may appoint a person to be Tegistrar of Co-operative Societies for the Colony and may appoint persons to assist such Registrar, and may, by general or special order published in the Gazette, confer on any such persons all or any of the powers of a Registrar under this Ordinance.

4. Subject to the provisions horcinafter contained, a society which has as its object the promotion of the economic registered. interests of its members in accordance with co-operative principles, or a society established with the object of facilita- ling the operations of such a society, may be registered under this Ordinance with or without limited liability as the Registrar may decide:

Oondition.

tion.

Provided that the liability of a society which includes at least one registered society among its members shall be limited.

5.

(1) No society, other than a society of which a at regista member is a registered society, shall be registered under this Ordinance, which does not consist of at least ten persone each of whom is qualified under section 21 for membership under this Ordinance.

Application

for

(2) The word "co-operative" or its Chinese equi- valent shall form part of the name of every society registered under this Ordinance.

(3) The word "limited" or its Chinese equivalent shall be the last word or words in the name of every society with limited liability registered under this Ordinance.

(4) When for the purposes of this section any question arises as to age, residence, or occupation of land constituting the qualification of any person, that question shall be decided by the Registrar whose decision shall be final.

6.

(1) For the purposes of registration an application registration, shall be made to the Registrar.

is

(2) The application shall be signed-

(a) in the case of a society of which no member registered society, by at least ten persons qualified in accordance with the requirements of sub-section (1) of section 5, and

(b) in the case of a society of which a member is a registered society, by a duly authorised person on behalf of every such registered society, and, where all the members of the society are not registered societies, by ten other members, or, when there are less than ten other members, by all of them.

(8) The application shall be accompanied by copies

of the proposed by-laws of the society, and the persons by whom or on whose behalf such application is made shall furnish such informaation in regard to the society as the Registrar may require.

7. (1) If the Registrar is satisfied that a society has Registration. complied with the provisions of this Ordinance and the rules, and that its proposed by-laws are not contrary to this Ordinance or to the rules, he may, if he thinks fit, register the society and its by-laws. An appeal shall lie to the Appeals. Governor in Council against the refusal of the Registrar to register any society within one month from the date of such refusal.

(2) On registration the society shall pay such fee as may be required by the rules.

be bodien corporate.

8. The registration of a society shall render it a body Societies to corporate by the name under which it is registered, with perpetual succession and with power to hold property, to enter into contracts, to institute and defend suits and other legal proceedings, and to do all things necessary for the purpose of its constitution.

Ø

A certificate of registration signed by the Registrar Evidence of shall be conclusive evidence that the society therein men- registratívn. tioned is duly registered, unless it is proved that the registration of the society has been cancelled.

PART III.

DUTIES AND PRIVILEGES OF SOCIETIES.

10. (1) Any registered society may, subject to this Amendment Ordinance and the rules, amend its by-laws, including the f

by-laws of a by-law which declares the name of the society.

(2) No amendment of the by-laws of a registered society shall be valid until that amendment has been regis- tered under this Ordinance, for which purpose copies of the amendment shall be forwarded to the Registrar.

(3) If the Registrar is satisfied that any amendment of the by-laws is not contrary to this Ordinance or to the rules, he may, if he thinks fit, register the amendment. An appeal shall lie to the Governor in Council against the refusal of the Registrar to register any amendment of any by-law.

(4) An amendment which changes the name of a society shall not affect any right or obligation of the society or of any of its members or past members, and any legal proceedings pending may be continued by or against the society under its new name.

(5) When the Registrar registers an amendment

of the by-laws of a registered society, he shall issue to the society a copy of the amendment certified by him, which shall be conclusive evidence of the fact that the amendment has been duly registered.

(6) In this section, amendment" includes the making of a new by-law and the variation or rescission of a by-law.

registered socinty

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