Co-operatives in New South Wales are administered under the provisions of the Co-operatives Act 1992 and the Co-operatives Regulation 2005. Links to these legislations can be found on the Co-operatives legislation page.

If you wish to register a co-operative you will need to prepare and submit certain documents to the Registry.

Prospective members, directors or employees of the co-operative can prepare these documents. However, for large scale proposals the services of an accountant or solicitor may be required.

To help you, the Registry has developed a standard set of documents that can be filled in and submitted to the Registry for approval. These consist of:

• rules (model or standard), and
• a standard disclosure statement.

On request, a kit will be sent to you. Alternatively, the documents may be viewed or downloaded from this page.

A co-operative’s rules describe the way in which the group will organise its activities. They outline areas such as the:

• name
• primary activity
• objectives, if any
• conditions for active membership, and
• meeting procedures etc.

You should discuss the draft rules with your prospective members and decide on any changes before sending them to the Registry for formal approval.

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The purpose of the disclosure statement is to ensure that prospective members are adequately informed about the nature and extent of their financial involvement or liability as a member of the co-operative. It outlines areas such as the:

• purpose and main activity of the co-operative
• members involvement in the co-operative
• projected profit and loss
• names of prospective directors
• who will act as auditor
• registered office and mailing address etc, and
• any other matter relevant to the co-operative.

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The formation kit includes:

• How to form a co-operative
• Compliance checklist in PDF format (size: 48k)
• Co-operative directors: a guide to duties and responsibilities
• Co-operative membership
• A Guide to Co-operatives
• Translated versions of the Guide are also available in the following languages:
  • A Guide to Co-operatives - (Arabic) in PDF format (size: 110k)
  • A Guide to Co-operatives - (Italian) in PDF format (size: 81k)
  • A Guide to Co-operatives - (Spanish) in PDF format (size: 84k)
  • A Guide to Co-operatives - (Vietnamese) in PDF format (size: 104k).
• Draft formation disclosure statements
  • For non-trading co-operatives:
    (non-trading co-operatives retain surplus funds to develop their activities)
    • Model or standard rules
    • Draft disclosure statement - Non-trading co-operative in PDF format (size: 75k)
    • Draft disclosure statement - Non-trading co-operative in RTF format  (size: 691k).
  • For trading co-operatives:
    (trading co-operatives may distribute surplus funds to members)
    • Model rules
    • Draft disclosure statement - Trading co-operative in PDF format (size: 45k)
    • Draft disclosure statement - Trading co-operative in RTF format  (size: 208k).

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It is important that, when completed, the draft rules and disclosure statement be submitted to the Registry of Co-operatives & Associations for approval. If the Registry requires further information, they will contact you.

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Once the rules and disclosure statement have been drafted, they should be forwarded to:

Registry of Co-operatives & Associations
PO Box 22
Bathurst NSW 2795

DX 3123 Bathurst

Email: registryinquiries@oft.commerce.nsw.gov.au

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The proposed rules and disclosure statement must be approved before the formation meeting is held.

The following fact sheets set out the suggested steps for holding a formation meeting for a new co-operative.

Formation meeting for a co-operative in PDF format (size: 32k)