Voluntary deregistration of a co-operative

A co-operative with assets below $1,000 can apply to the Registrar for voluntary deregistration. However, it will need to meet the criteria below.

The process is the same as for a company under section 601AA of the Corporations Act 2001 (Commonwealth).

Requirements for voluntary deregistration

You can apply to NSW Fair Trading for voluntary deregistration if the co-operative meets these requirements:

• all members of the co-operative agree to the deregistration
• the co-operative is not carrying on business
• the co-operative’s assets are worth less than $1,000
• the co-operative has paid all fees and penalties payable under the Cooperatives National Law (CNL)
• the co-operative has no outstanding liabilities (including unpaid employee entitlements or taxation liabilities)
• the co-operative is not a party to any legal proceedings.

Applications which do not meet all of these requirements will be rejected.

How to apply for voluntary deregistration

Where the co-operative meets the above requirements:

• complete ASIC form 6010 Application for voluntary deregistration of a company. (Ensure all references to "company" are replaced with "co-operative")
• the application must be signed by a director or secretary of the co-operative
• ensure the co-operative is up to date with its reporting obligations under the CNL. (This includes lodgement of annual returns).

There is no fee for the application when submitted to NSW Fair Trading.

Please email the completed form to: registrylodgements@customerservice.nsw.gov.au

By signing the form, the applicant declares that the co-operative meets the legal rules for voluntary deregistration. There are significant penalties for knowingly making a false declaration.

You may be required to provide additional information regarding the co-operative.

What happens to the application?

If approved, the applicant will be notified of the co-operative’s upcoming deregistration. A notice will also be published in the NSW Government Gazette

The applicant will also be given notice when the co-operative has been deregistered.

If the application is refused, the applicant will be provided with the reason for its refusal.