Co-Operative Societies Act 2008

181. Investigations

1.      A member, the Registrar or any interested person may apply exparte , or on such notice as the Court may require, to the Court for an order directing an investigation to be made of the society and any of its member societies or corporations.

2.      On an application pursuant to subsection (1), the Court may order an investigation of a society or of any of its affiliates where it appears to the Court that-

a.      the society is not fulfilling the purpose stated in its by-laws;

b.     the society is not carrying on business in accordance with this Act, the Regulations or the by-laws;

c.      the society is not organised or being operated on co-operative principles;

d.     the business of the society or any of its member societies is or has been carried out with intent to defraud any person;

e.      the business or affairs of the society or any of its member societies are or have been carried on or conducted, or the powers of the directors are or have been exercised, in a manner that is oppressive or unfairly prejudicial to or unfairly disregarding of the interest of a member or security holder;

f.      the society or any of its member societies was formed for a fraudulent or unlawful purpose or is to be dissolved for a fraudulent or unlawful purpose; or

g.     persons concerned with the formation, business or affairs of the society or any of its member societies have acted fraudulently or dishonestly, in connection with the society.

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3.      An applicant for an order pursuant to this section is not required to give security for costs.

4.      An ex parte application pursuant to this section shall be heard in camera .

5.      No person may publish anything relating to ex parte proceedings conducted pursuant to this section other than with the authorisation of the Court or the written consent of the society being investigated.

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