The 3 steps you must complete to register a co-operative are listed below. This page outlines Step 1.
1. Apply for approval of the co-operative's proposed name, rules and disclosure statement (if applicable) by lodging a pre-approval application.
2. Hold a formation meeting with the co-operative's members and directors.
3. Apply for registration of the co-operative.
Rules of a co-operative
Before you can register a co-operative, you must draft its rules and have them approved by the Registrar via myCAV.
We recommend using one of the following sets of model rules to draft the co-operative's rules:
For definitions of distributing and non-distributing co-operatives, go to What is a co-operative?.
Your co-operative can alter the model rules, but as soon as changes are made, the rules will be deemed to be the co-operative’s own. You can also use a third-party tool, such as the Business Council of Co-operatives and Mutuals' online Get Mutual Co-op Builder website. We strongly recommend you seek legal advice if you plan to draft your own rules.
Find more information about making changes to a co-operative.
Disclosure statement for a distributing co-operative
Before you form a distributing co-operative, you must prepare a disclosure statement. This document must contain the information necessary to ensure prospective members understand the extent of their financial involvement and liability.
The disclosure statement should contain:
- the estimated costs of formation
- the active membership provisions of the proposed co-operative
- the rights and liabilities attached to shares in the proposed co-operative
- the capital required for the co-operative at the time of formation
- the projected income and expenditure of the co-operative for its first year of operation
- information about any contracts the co-operative will need to enter into.
If the disclosure statement includes a supporting report from an expert (such as an accountant or auditor), the disclosure statement must also state that the expert has given (and has not withdrawn) their consent. Use our Disclosure statement for formation of a distributing co-operative (Word, 51KB) as a guide to drafting your own.
Approval of name, rules and disclosure statement
The name of a co-operative must include the word ‘Co-operative’ and end with ‘Limited’. Acceptable abbreviations include ‘Co-op’, ‘Ltd’ and ‘&’. Any other abbreviations must be approved by the Registrar.
Your proposed co-operative name will be rejected if it is deemed to be too similar to an existing co-operative, body corporate or business name. To avoid this issue:
Once a name, rules and disclosure statement are finalised, you can lodge a co-operative pre-approval for registration form via myCAV, including any supporting documentation. This may include:
How to lodge a co-operative pre-approval for registration application via myCAV
- Sign into your myCAV account
- Scroll down to the section ‘Apply for a licence or registration in myCAV’
- Click on ‘Co-operatives’ and then ‘Lodge co-operative pre-approval for registration form’.
Using myCAV
Co-operatives can now use our online system myCAV. This provides a quick and easy way to access your registration, manage your co-operatives information and lodge transactions.
To start using myCAV, you must create your own myCAV account using a personal email address to verify your identity and then sign-in to your account.
Apply now
Find more information, go to About myCAV.
Fees
Your co-operative will need to pay a fee when lodging the application.
We no longer accept cheques as payment for transactions, including lodging annual reports. This change reflects the Australian Government’s decision to phase out cheques for more secure options.
Along with using Visa or Mastercard (credit and debit card) to pay fees, you can also pay fees using BPAY. For more information about BPAY and secure payments, contact your financial institution.
If your co-operative uses cheques as its only form of payment, you will need to explore new payment options.
Find more information about co-operatives fees.
After you lodge your pre-approval for registration application
The standard processing time is 28 days.
If we approve your name, rules and disclosure statement, we will send you a notification via email which you can access in your myCAV account.
Alternatively, we may ask you to choose another name, redraft your rules, or redraft your disclosure statement.
Formation meeting
The notification will contain a copy of the rules to be presented at your formation meeting. If the approved rules are altered in any way, a new pre-approval application must be lodged. Fees will apply.
Lodge co-operative registration application form
Within 2 months of the formation meeting, you must lodge a co-operative registration application form in myCAV. If the Registrar is not satisfied that the requirements for registration of the co-operative have been met, they may refuse to register the co-operative and its rules.
How to lodge an application to register a co-operative via myCAV
- Sign into your myCAV account.
- Scroll down to the section ‘Apply for a licence or registration in myCAV’
- Click on ‘Co-operatives’ and then ‘Lodge co-operative registration application form’.