Botswana - Cancel a Cooperative Society Registration Certificate

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Procedure

The cancellation of cooperative society can only occur in the following two scenarios as listed below and it can only be effective by the Department for Co-operative Development, Director Directive. Ministry of Investment, Trade and Industry Office Location & Contact Details

• On application by three-fourths of the members of a society, make an order for the liquidation of the society, if he or she is satisfied that the society ought to be dissolved.
• Discussion by the Director after inspection or investigation as may be provided by Cooperative Society regulation
  

Apply In-Person

1. The Director may, by order in writing, cancel the registration of a Cooperative society if, at any time, it is proved to his satisfaction that the number of the members of the society has been reduced to less than ten (10) or in the case of financial society, to less than twenty (20) and the order shall take effect from the date it is made.
2. If the Director, after holding or making an inquiry or conducting an inspection under the cooperative Act or on receipt of an application made by not less than three-fourths of the members of the registered society, is of the opinion that the society ought to be dissolved, he may make an order in writing for the cancellation of the registration of the society.
3. A member of a registered society may, within six (6) weeks from the date of an order made under subsection (2) of this section appeal against the order to the Minister or Commissioner, as the case may be.
4. Where no appeal is lodged within six (6) weeks from the making of an order cancelling the registration of a society, the order shall take effect on the expiry of that period and where however an appeal is presented within six (6) weeks, the order shall not take effect until it is confirmed by the Minister, as the case may be.
5. Where the Director makes an order for the cancellation of the registration of a society under subsections (I) and (2) of the section, he may make such further orders as he may think Fit for the custody of the books and documents and the protection of the assets of the society until the order cancelling the registration takes effect.
6. No registered society shall wind or be wound up except by an order of the Director or of a court in Botswana.
7. Where a society has been cancelled by the Director, the society is required to surrender their registration certificate immediately to the Department for Co-operative Development office.
8. When the winding up of a Cooperative society is completed under the Cooperative Society Act the Director shall cancel the registration of the society and, by notice, publish the cancellation in the Gazette.
   

Note:A person aggrieved by an order of the Director made under the cooperative Act may appeal to the Minister or Commissioner, as the case may be, within one month from the date of the order and the decision of the Minister shall be conclusive

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Required Documents

• 3 copies of bye-laws [i.e. rules set by the members in order to guide in carrying out the day to day activities of a Co-operative Society, resolution, etc. and must be in line with the Co-operative Act] written in English
• Original Cooperative Society Registration Certificate.
• Any other additional document requested by the Director.
  

Office Locations & Contacts

Ministry of Investment, Trade, and Industry
Address: Plot 54380,
Central Business District
Private Bag 004
Gaborone
Botswana
Tel. (+267) 3601200
Fax. (+267) 3971539
Email. [email protected]

Department for Co-operative Development
(Ministry of Investment, Trade, and Industry)
Gaborone Head office
Ministry of Investment, Trade, and Industry
Address: Annex Building Plot 54380,
Central Business District,
Gaborone
P O Box 86
Gaborone
Tel: 3994600/3102315
Fax: 3951657

Regional Co-operative Officer
Gaborone Regional Office
Private Bag 0083
Gaborone
Tel: (+267) 3121090
Fax: (+267) 3121060

Regional Co-operative Officer
Gantsi Regional Office
P O Box 152
Gantsi
Tel: (+267) 6596271
Fax: (+267) 6596177
Ministry of Investment, Trade and Industry Office Location & Contact Details

Eligibility

Cooperative societies registered with the Department for Co-operative Development are eligible.

Fees

Please consult with the Department for Co-operative Development Office.

Validity

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e.g. Birth Certificate Valid Forever

Documents to Use

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Sample Documents

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Processing Time

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Related Videos

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Instructions

Cancellation of a cooperative society

• The cooperative society must meet the minimum number of members if the membership is less than the required number then Cancellation of registration of a society is expected due to lack of membership.
• Members must meet age and all other requirements if the age limited required is not meant the expected the society to be cancelled at registration.
• Be ready to always prepare accounts within three months after the end of each financial year but if the books of accounts are not prepared in time then this may lead to cancellation of the society.
  

Required Information

• Cooperative society registration certificate details
• Area the society will operate
• The objective of the society
• By-laws of the society
• Contact details
• Reasons for cancellation of the certificate
• Declaration
  

Need for the Document

No registered society shall wind or be wound up except by an order of the Director or of a court in Botswana.

Information which might help

Appointment of liquidator after cancellation of registration of a society.

• Where the registration of a society is cancelled by an order under the cooperative Act, the Director may appoint a suitable person, subject to his direction and control, to be the liquidator of the society.
• A liquidator appointed under the Act shall subject to the guidance and control of the Director and to any limitation imposed by the Director by an order made under section 47 of this Act, have powers to--
  • Decide, subject to any bye-laws defining the liability of members, the contribution to be made by present and past members or by the estate of deceased members of the society to its assets.
  • Appoint a day by notice in the country or State Gazette before which creditors whose claims are not already recovered in the books of the society shall state their claim for admission to be excluded from any distribution made before they have proved them.
  • decide any question of priority which arises between creditors;
  • Refer a dispute to arbitration, and to institute in his name or office and defend suits and other legal proceedings on behalf of the society.
  • Decide by what person and in what proportion the costs of liquidation are to be borne.
  • Give such directions as to the collection and distribution of assets as may be necessary in the course of the winding-up of the society.
  • With the approval of the Director, compromise any claim by or against the society;
  • Call such general meetings of members as may be necessary for the proper conduct of the liquidation, giving not less than fourteen days of notice for every such meeting.
  • Take possession of the books, documents, and assets of the society.
  • Sell the property of the society where necessary.
  • Carry on the business of the society as far as may be necessary for winding it up beneficially, provided that he shall not for this purpose be entitled to grant any loan;
  • Arrange for the distribution of the assets of the society in a conventional manner when a scheme of distribution has been approved by the Director.
  • When the winding-up proceedings have completed the certificate of registration shall be returned to the appropriate authority who shall cancel the registration of the society, and the society shall, upon the date of such cancellation, cease to exist.
    

Other uses of the Document/Certificate

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e.g. Birth Certificate can be used as proof of identity.

External Links

Ministry of Investment, Trade, and Industry

Others

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