(1) The Director may, by order in writing, cancel the registration of a primary society if, at any time, it is proved to his satisfaction that the number of the members of the soci-ety has been reduced to less than ten or in the case of an industrial society, to less than six 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 two months 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 two months 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 two months, the order shall not take effect until it is confirmed by the Minister or the Commissioner, 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 Kenya.
(1) Where the registration of a society is cancelled by an order under cooperative Act, the Director may appoint a suitable person, subject to his direction and control, to be the liquidator of the society.
(2) 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--
Ministry of Industry, Trade and Cooperatives - Head Office
State Department of Co-operatives
Social Security House, Block A, 17th, 23rd Floor
P.O. Box 30418-00100, Nairobi, Kenya
Telephone: +254 20-2731531
Fax: +254 20-2731511
Email: ps@industrialization.go.ke , cs@industrialization.go.ke
Website:Ministry of Industry, Trade and Cooperatives
1. Different cooperative societies have different requirements as listed below:-
2.In order for a group to be registered as cooperative society, members must fulfill the following:-
1.Letter of recognition (pre-cooperative society three (3) years
2.Certificate of registration no validity period but can be cancelled if the society acts contrary to the cooperative society act.
3. Renewal of a cooperative society which can take 3 more years before expiration.
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Ninety (90) days
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1.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.
2.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 ;
3.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 my lead to cancellation of the society ;
4.A board member who has failed to perform may be disqualified and may not be re-elected for a period of six (6) years on renewal;
5.Ensure that application forms are signed by the right people basing on the type of cooperative society to be registered;
6.If applicant want to register a cooperative society and do not have enough members this may lead to cancellation of the society on renewal it is better to start by registering a pre-cooperative society;
7.Applicants must get a registered address to which all notices and communications are to be sent;
8.In cases of any changes in the address of society, always notify the registrar;
9.If application is rejected, applicants may appeal in court within sixty days upon receiving notice when the six days elapse then know that the cooperative society is cancelled;
10.Upon refusal if no appeal is submitted within the given time, the ministers decision is final either to cancel the society on renewal ;
11.Registration is upon satisfaction of the registrar if he/she is not satisfied the expect to cancel the cooperative society on registration;
1.previous registration certificate
2.Area the society will operate
3.Objective of the society
4.Purposes to which funds may be applied, may be held, disposed of or invested.
5.Membership rules like terms of admission, shares and entrance fees
6.By-laws of the society
7.Rules regarding what payment to be made in cases of anything, for instance if a member is expelled or leaves;
A registered cooperative society is a society with its main objects as promotion of economic and social interests of its members by means of common undertaking. A cooperative society operates basing on mutual aid and conforms to cooperative principles; it is established for the purpose of facilitating operations of societies.
In Kenya, the Cooperative Societies Act provides direction on how cooperatives should be set up and run. These laws are made by the government through the Cooperatives Commission under the guidance of minister who is responsible for cooperatives. All cooperative societies in Kenya are registered, with or without limited liability, according to the cooperative society act and related rules. Registration, implementation and enforcement of the act and relate rules is done by a government appointed officer referred to as the Cooperatives Commissioner who is the Registrar of cooperative societies in Kenya.
The Cooperative Commission clearly sets out general provisions for registration of cooperatives, legal form of registered cooperatives, rights and duties of members, governance and management of cooperatives, special privileges of primary cooperatives, assets and funds of primary cooperatives, audit and inspection, dissolution of cooperatives and other miscellaneous provisions.
However there reasons that can lead to Cancellation of registration of a society in kenya which are discussed in this procedure below;
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