Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsSchedule 1 Particulars to be included in registers
1 Register of members, directors and shares
(1) A cooperative's register of members, directors and shares must contain the following particulars for each member:
(a) the name and address of the member;
(b) the date the member was admitted to the cooperative;
(c) a reference to the minute evidencing the board's decision to admit the member;
(d) if the cooperative has share capital—a statement of the following for each member who holds shares:
(i) the number of shares held beneficially and non-beneficially;
(ii) the identifying number of each share held;
(iii) the date the shares were allotted;
(iv) the amount paid or agreed to be considered as having been paid on the shares;
(e) the date and circumstances under which the person's membership ended (if applicable);
(f) if shares are purchased under rules made under the Act, section 173 (1) (Purchase and repayment of shares)—a statement of the number of shares purchased and the date the shares were purchased;
(g) if shares are forfeited under the Act, section 281 (Shares to be forfeited to remedy contravention)—a statement of the number of shares forfeited and the date the shares were forfeited;
(h) if there is a conversion to a cooperative without share capital—the date of repayment of the share capital or the date of disposal and the name and address of the entity to whom the share capital was repaid.
(2) A cooperative's register of members, directors and shares must contain the following particulars for each director:
(a) the name, date and place of birth and address of each director;
(b) the date of that person's election or appointment as a director;
(c) whether the director is a non-member director;
(d) the date and circumstances under which the director's appointment terminated (if applicable).
2 Register of loans etc to cooperative
(1) A cooperative's register (the register ) of loans to, securities given by, debentures issued by and deposits received by the cooperative must contain the following particulars for each loan:
(a) the name of the lender;
(b) the amount of the loan;
(c) the date the cooperative received the loan;
(d) a reference to the minute evidencing the board's decision to accept the loan;
(e) a reference identifying the account created for the loan;
(f) the date of each payment made in relation to the loan and the amount of each payment made;
(g) if the loan is secured by a mortgage over real property—the address and particulars of title of the property and a reference identifying the mortgage agreement;
(h) if the loan is secured otherwise than by a mortgage over real property—particulars of the security given and a reference identifying the agreement that evidences the security;
(i) the location of the documents relating to the security given for the loan;
(j) particulars of any movement of the documents from that location;
(k) the date of the final payment made in relation to the loan.
(2) The register must contain the following particulars for each debenture issued:
(a) the name and address of each person to whom a debenture is payable;
(b) the number and series of the debenture;
(c) the date of its issue;
(d) the amount of the debenture;
(e) the rate of interest;
(f) the dates of payment of principal;
(g) the place of payment;
(h) the name and address of any trustee;
(i) if the debenture is transferred to someone else—
(i) the name, address and occupation of the transferor; and
(ii) the date of transfer.
(3) The register must contain the following particulars for each deposit received:
(a) the name and address of the depositor;
(b) the date of receipt;
(c) the amount deposited;
(d) the rate of interest (if any);
(e) the amount repaid;
(f) the date of conversion to shares or debentures (if applicable);
(g) the due date for repayment;
(h) the balance.
3 Register of lenders, depositors and holders of securities and debentures
A cooperative's register of names of people who have given loans or deposits to, or hold securities or debentures given or issued by, the cooperative must contain the following details for each person:
(a) the person's name and address;
(b) whether the person—
(i) has given a loan or deposit to the cooperative; or
(ii) holds securities given by the cooperative; or
(iii) holds debentures issued by the cooperative;
(c) a reference to the relevant entry in the register of loans or deposits to, securities given by or debentures issued by the cooperative.
4 Register of loans etc by cooperative
(1) A cooperative's register (the register ) of loans made or guaranteed by and securities taken by the cooperative must contain the following details for each loan made:
(a) the name of the member to whom the loan is made;
(b) the amount of the loan;
(c) the date the loan was approved;
(d) a reference to the minute evidencing the board's decision to make the loan;
(e) a reference identifying the account created for the loan;
(f) the date of each advance made in relation to the loan and the amount of each advance made;
(g) if the loan is secured by a mortgage over real property—the address and particulars of title of the property and a reference identifying the mortgage agreement;
(h) if the loan is secured otherwise than by a mortgage over real property—particulars of the security taken and a reference identifying the agreement that evidences the security;
(i) the location of the documents relating to the security taken for the loan;
(j) particulars of any movement of the documents from that location;
(k) the date of the final payment made in relation to the loan.
(2) The register must contain the following particulars for each loan guaranteed:
(a) the name of the member;
(b) the name of the lender;
(c) the amount of the loan;
(d) the date of the guarantee;
(e) the security documents held and any other information necessary to identify the parties to the security documents;
(f) the date for repayment;
(g) a reference to the minutes evidencing the board's decision to guarantee the loan.
5 Register of cancelled memberships
(1) A cooperative's register (the register ) of memberships cancelled under the Act must contain the following particulars for each person whose membership is cancelled:
(a) the name of the person;
(b) if the whereabouts of the person are unknown—
(i) the date the required period of the person's whereabouts being unknown started; and
(ii) if the amount required to be paid to the person because of the cancellation is more than $50 and notice was published in a newspaper under regulation 10—the date of publication of the notice and the name of the newspaper;
(c) if the whereabouts of the person are known—
(i) the date of the person's last active dealing with the cooperative; and
(ii) the date the person was given the notice under the Act, section 131 (1) (Notice of intention to cancel membership);
(d) the date of the board's resolution cancelling the membership.
(2) Also, if the member's shares are forfeited because of cancellation of the person's membership, the register must contain the following particulars:
(a) the amount subscribed in relation to the shares forfeited;
(b) the date of the board's resolution forfeiting the shares;
(c) if the date fixed by the board's resolution for repayment of the amount paid up on shares is within 1 year of forfeiture—
(i) the date of repayment; or
(ii) if the amount is dealt with under the Act, section 132 (Supreme Court order against cancellation of membership)—the date and how the amount is applied;
(d) if the amount owing is to be transferred to a debenture or deposit account—
(i) the date of repayment; and
(ii) the date of transfer to the account.
(3) Subclause (2) applies only to cooperatives that have a share capital.
(4) In this clause:
"required period"—see the Act, section 126 (6).
A cooperative's register of fixed assets of the cooperative must contain the following particulars for each fixed asset:
(a) a short description of the fixed asset;
(b) the method of financing the asset if it is leased;
(c) where the asset is;
(d) the date of its purchase or installation;
(e) how depreciation is calculated;
(f) the annual percentage at which depreciation is calculated;
(g) the annual amount of depreciation or amortisation;
(h) the total amount of depreciation or amortisation;
(i) the revaluation increment;
(j) if the asset is sold—
(i) the sale price; and
(ii) the date sold.
7 Register of subordinated debt
A cooperative's register of subordinated debt must contain the following particulars for each subordinated debt incurred:
(a) the name and address of the person to whom the debt is owed;
(b) the amount of the debt;
(c) the date the debt was incurred;
(d) a reference to the minute evidencing the board's decision to incur the debt;
(e) a reference identifying the account created for the debt;
(f) the date of each payment made in relation to the debt and the amount of each payment made;
(g) the date of the final payment made in relation to the debt.
8 Register of names for subordinated debt
A cooperative's register of names of people who provided to the cooperative financial accommodation that is a subordinated debt must contain, in relation to each person—
(a) the person's name and address; and
(b) a reference to the relevant entry in the cooperative's register of subordinated debt.