Co-operative Societies Regulations, 1999 (S.I. No. 26 of 1999)

1. These Regulations may be cited as the Co-operative Title Societies Regulations, 1999.

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.

3. A co-operative shall apply for registration in Form 1 set out Application for registra- in the First Schedule upon payment of the fee prescribed in the tion Second Schedule.

4. The Registrar shall, upon registration of a co-operative issue Certificate of registration a certificate of registration in Form 2 set out in the First Schedule.

5. Where the Registrar refuses to register a co-operative, noti- Notice of refusal to fication of the refusal shall be in Form 3 set out in the First Schedule. register

6. Where the Registrar is satisfied that a co-operative society's Certificate of Amendment amendments to its by-laws are in conformity with the provisions 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 the Chancre of name'i>y_ co-qpernt1vc SOl'll!l)' Copies of this. Stamtory Jnstrumem can be obtai11edfro111 the Government Primer, P.O. Box 30/36,/0/01 Lusaka. Price Kl,500each. 52 Statutory Instruments 12th February, 1999 co-operative society shall surrender its original certificate of regis- tration to the Registrar. (2) Where a certificate is surrendered under sub-regulation (1), the Registrar shall issue a new certificate of registration. Noticeof 8. Where the Registrar cancels the registration of a cCK>perative cance11ation society under subsection (1) ofsection eighty-one of the Act, the Registrar shall give notice of the cancellation in writing to the co-operative society in Fonn 5 set out in the First Schedule. Application 9. An application for membership in a co-operative shall be in for member- ship Form 6 as set out in the First Schedule. Fees 10. The fees specified in the Second Schedule are payable in respect of the matters mentioned therein. Repeal of 11. The Co-operative Societies Rules, 1972 are hereby re- Statutory Instrument pealed. No. 39 of 1972 REPUBLIC OF ZAMBIA PREscRIBED FORMS

FIRST SCHEDULE (Regulations 2, 3, 4, 5, 6, 7, 8, and 9) APPLICATION FOR REGISTRATION AS CO-OPERATIVE SOCIETY (Regulation 3) foRM 1 I. We, the undersigned ..............•.................•...............•................... .... ... ... ... ...... ... .... .. .......... ......... .. ......... .... ..... ... ... ... ... ....... .. ... ... .-.. ....... ... ... ... ··-· ................................................................................. ... ......... .... ...... ...... ... ............ ...... ..................... .. .. .... ........ .. ... ... (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. 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 persons willing to become members, ata general nieeting held aJ.•••..••..••••••••••••••••••••••.•...••••••.•..•.•••••.•.••.•..•.•..• on.........••••••.....•..••.•...•...•.•...•.••••••••.••...••.•••••••. ••·••······· ....... •······ 6. . .•........•....•....... persons, including the undersigned, are now willing to become members and have made the payment necessaiy for admission to membership as prescribed in the enclosed by-laws. 12th February, I 999 Statutory Instruments 53 7. The registration tee is enclosed. 8. We, the undersigned have consented to direct the affaus of the proposed co-operative society as required by subsection (2) ofsection thirty-eight of the Co-operative Societies Act, until our successors are elected at the first annual general meeting held after registration of the ~perative society. 9. Location of proposed ~perative society ......................................... ·-- ............. ···• ........................................... . •········· ........................................... ····•• .......... ······ ........................... . 10. Attitudes towards community projects Do the people worlc 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? ....................................................................................................... ... .......... .. ... ...... ... ... ... ... ... ...... ... ....... .. ... ... ... ... ...... ....... .. ... .... .. .. ..... 11. Financial participation by members (~)Will the memebers 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-operative 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 each share K. .......... ...... . Total expected to be paid on shares subscnoed when operations commence K.............. (c) Total paid-up membership fees expected when operations commence K ........ . Total entrance fees to be paid when operations commence K. ...................... . (d) From what source of income will members provide the capital required? (e.g. from salaries, wages, business, seasonal sale of fann produce, etc.) NO'l'E 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. 12 Educational meetings: Have educational meetings been held to discuss the proposed co-operative society, its operations and its benefits to memlicrs if they support it? (a)ifso,howmany?...........•........................................•............•...... (bJaverage number in attendance.........................................•............... {c) speaker............................................................•...•................. 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 Instruments 12th February, 1999 (b) Howlonghavetheybeeninoperation?............................................ . ( c) Have model by-laws been discussed? ............................................ . (d) Discussion group leaders ........................................................... . 14 Office space: If office space. a building or equipment are required for the purposes of the co- operative society, how will these be obtained and financed? 15. Planning and technical advice: Has advice been obtained on whetherplanningfortheproposed co-operative society seems adequate and whether it has reasonable prospects for success if the members give it their support? Ifso,givesoun::eofsuchadvice........................................................... . 16. Consultation with Co-operative Officer. Has an officer of the Department ofco-operatives been consulted on the need for the proposed co-operative society and the necessary preparations for organisation? (Givedetails) ............................................................................. . Dated ..............................the.................... .day of................. .1999 ............................................................................................. Certified correct Acting Chainnan Acting Secretary FOR USEOPREGlsrRAR ONLY 1. Application for registration approved/rejected. 2. Approval deferred pending receipt of further information. Dated .................................the.......................day of................ 1999 Witness.................................................................................... . .... ... ... .... .. .... ..... ... ... ... . ·••·••·· ..................................................... Certified correct INSTRUCTIONS This application fonn should be completed on behalf of a group interested in the formation of a co-operative society and forwarded to the Registrar of Co-operatives. The Registrar may require additional information or recommend further preparations for the organisation to ensure that the proposed co-operative society will be oflasting benefit to its members. 12th February, 1999 Statutory Instruments 55 REPUBLIC OF ZAMBIA THE CO-OPERATIVE SOCIETJPS REaul..ATIONS CERTIFlCATE OF REGISTRATION (Regulation 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 ................................... .. ··································································································· and its postal address is ...................................................................... .. Date......................................... . ............................................. , .... . Registrar ofCo-operatives REPUBLIC OF ZAMBIA THE CO-OPERATIVE SOCJEI'IES REGULATIONS NanCE OF REFuSAL TO REo!snnt A CO-OPERATIVE SoclErY (Regulation 5) FoRM3 To the Chainnan.............................. (name of co-operative society) I hereby give notice that, in exercise of powers conferred upon me by subsection (1) of section fifteenorsubsection(4)ofsectiontwentyofthe~veSocietiesAct,Ihavethisday refused to register your society/amendments to by-laws of your co-operative society (delete as appUcable) under the said Act on the ground that. ............................... . Dated this ................................................day of................................ Registrar ofCo-opemtives REPUBLIC OF ZAMBIA THE Co-oPERATIVE Soc:umES REoUlATIONS CERTIFICATE OF AMENDMENI' OF BY LAWS (Regulation 6) FoRM4 Under the powers vested in me by subsections (2) and (3) of section twenty of the Co-operative Societies Act, I CamFY that I have registered the amendments to the by- laws of................................................... as hereto attached. Datc!Q this ............................................. day of.............................. 1999 Registrar ofCo-operatives REPUBLIC OF ZAMBIA THE CO-OPERATIVE SOCIETIES REGUlATIONS NanCE OF CANCELLATION OF REGISTRATION (Regulation 8) FORMS 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 ofyourco-operativesociety withinaperiodoffourteendays from the date of this notice on the ground that. .............................................. .... ... ... .... .. ... .... ... .. .... .. ......... ... ... .... .. ... ... ... ... .······ ........... ········· .... . 56 Statutory Instruments 12th February, 1999 Any appeal to the Minister against cancellation must be delivered to the Pennanent Secretaty within thirty days from the date of the cancellation. Dated this .............................................dayof............................. 1999 ............................................········· .......... . Registrar ofCo-opemtives REPUBUC OF ZAMBIA THBC0-0PERATIVE SocmnEs 'REGuunONS Al'PuCATION FOR MEMBERSHIP (Regulation 9) Datcxl............... Year.............. . To nm BOARD OF DlREcroRs (CoMMnlEE).................................................... I hereby apply for membership in the .................................................... Limited. On becoming a member, I agree to confonn to the by-laws and amendments thfteto of the co-operative society, use jts senices 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................................................................. . (Ii) DlCnlbership fee of.............................. ··-........................... (c) I subscribe for.................................shares with payment thereon of.................................................................................. Application endorsed by .............................•(diredor or member in good standing or other peISOtl known to the directors)

SECOND SCHEDULE 'PRE5cRIBED Ff.ES (Regu/alion JO) Feel/nits 1. Registration of a co-operative society comprising of individuals•••••••.••• •.••.SS 2. Registration of a co-operative union. .............................................11 l 3. Registration of a federation................................ ·-· .....................278 4. Registration of mnendlnent of by-laws ...............................................28 5. Registration of change of nanie of a society ........................................28 6. Inspection of by.Jaws in office of Registrar...............................28 7. Replacement oflost certificate of any registration ...................... .28 s. M. DEsAI, LUSAKA Minister ofAgricultu-,:e. Food 5th February, 1999 and Fisheries [Fso.64/1/1]