9.1 Every cooperative society before it starts functioning must get itself registered under the cooperatives law. In all laws using the word “cooperatives” without registration is an offence. To what extent the registration procedure is appreciative, and what are the requirements for getting a society registered is examined in the following paras:
Bangladesh
9.2 The registration of a cooperative society is subject to satisfaction of the Registrar of the Cooperative Societies (RCS) and he has to give reasons for registration (within 90 days, under article 10;4). For banking and unlimited liability cooperatives some financial conditions have been imposed which are not unreasonable. In case of registration refusal by the RCS, an appeal can be made to the Bangladesh Government. In case of refusal by the subordinates of the RCS senior officer under Schedule four (1) can be appealed.
Fiji
9.3 The conditions under Section 7 of the Fiji cooperative law are:
9.4 The Registrar may defer registration, subject to compliance with conditions and Provisions specified by the Registrar in the letter of deferment. During the period of deferment the society will be on probation. The period of probation is a maximum of 2 years, during which the society may rectify the deficiency and get full-fledged registration from the RCS. There is a provision of one month of appeal to the government against the orders of RCS. During probationary period the society can carry all its functions as full-fledged.
9.5 Under the section 12.2 the Registrar must either register or refuse within 2 months.
India
9.6 Under the Multi state cooperative societies Act in India, the conditions of registration are:
In the case of a multi-state cooperative society of which all members are individuals by at least fifty persons should be from each of the states concerned;
In the case of a multi-state cooperative society of which the members are cooperative societies, by duly authorized representatives on behalf of at least two such societies, as are not registered in the same State; and
In the case of multi-state cooperative society of which another multi-State cooperative society and other cooperative societies are members, by duly authorized representatives of each of such societies.
The RCS under Section 7 (3) has been given six months time to register. He can ask the central government for an unlimited extends of this period. There is a within-sixty-days provision for appeal against orders of the RCS, under section 90/92.
9.7 A Model Co-operative Act is presently under consideration of the Central Government and several states for implementation. The special features of the Act is at Annex-I.
Indonesia
9.8 Under article 44 of the Indonesian Co-operative Act the founders of a cooperatives have to submit copies of the memoranda to the Administrator, appointed by the Minister. The maximum period allowed for registration is six months. However in case the Administrator does not intend to register the society, he must inform the promoters within three months on the reasons for not registering. The applicants can file an appeal to the Minister, who must then take stand on the appeal within three months. His decision shall then be final. There are no other conditions for registration like minimum membership etc., except that the bye-laws have to be according to the law.
Japan
9.9 In Japan, the law provides a detailed procedure for formation of an agricultural cooperative. A minimum of 15 farmers are required for primary cooperatives. Once the application is made decision shall be given within two months, according to article 60. In case the authorities fail to make approval or disapproval within two months, the society may demand registration and can ask for a registration certificate (Article 61).
South Korea
9.10 Registration of cooperatives in South Korea under Agricultural Cooperative Law is governed by Article 16, 17 and 87. There are 2 important conditions for registration. The minimum number of members has to be 20 and the bye-laws has to be according to the model bye--laws approved by the minister and any change in this has to be with the approval of the Minister. This seems to be a restrictive provision. The members of a cooperative should have power to make changes in the bye-laws. Of course they have to be unconformity with the law.
Malaysia
9.11 In Malaysia the minimum number of members in a primary society is 100 and in Farmers' Organization it is fifty. There is no time limit for the Registrar to decide the application for registration. Only in case of refusal an appeal can be made to the Minister within two months.
Nepal
9.12 In Nepal a primary society can be registered with a minimum of 25 members and a secondary society with five cooperatives only. The Director-General shall register a society if he finds, after investigation, that the bye-laws are appropriate. No time limit has been prescribed.
Philippines
9.13 A cooperative in the Philippines shall hold a minimum of 15 members. The Cooperative Development Authority must register a cooperative within 30 days. In case of refusal to register an appeal can be made to the office of the President within 90 days. If registration is not done within 30 days the society is to be registered.
Sri Lanka
9.14 In Sri Lanka the minimum number of memberships for a primary cooperative is ten. A detailed procedure is provided for registration, but there is no time limit within which the Registrar must approve or disapprove registration. The Registrar will register only if it is found that societies in question are economically viable. In case of refusal an appeal can be made to the Minister.
Thailand
9.15 While procedures and conditions are prescribed as in other cooperative laws, one interesting provision in the Thai Law is : “Cooperative Society to be registered will not be detrimental to the cooperative society system”.
It may be noted that similarities and differences in registration process exist between the different countries of the region. In many cases there is lot of discretion to the registering authority which can create many practical problems. It will therefore be desirable to provide following provisions in the registration process:
A time limit for the registration, by the registering authority, should exist. At present it ranges from 30 days (Philippines) and 2 months (Japan) to six months (India and Indonesia), while some countries have no time limit (Bangladesh, Malaysia, Nepal, Sri Lanka, Thailand). It will be desirable to fix a time limit for registration, possibly around 60 days.
In case of failure to determine whether or not registration should be granted, within the time limit, the cooperative should be granted registration, as is the case in Philippines; or refusal may leave the applicant room to file an appeal on expiry of the registration period.
The discretion of the viability of the applicants should not be left to the registering authority. The better solution would be the Fiji provision, by which the registering authority in cases of doubt is permitted to issue provisional registration for a maximum period of two years, during which the performance of the cooperative is assessed. If a society fails to perform in a satisfactory manner its provisional registration is cancelled.
In registration deliberations registering authorities should bring attention to two issues primarily:
that the application and bye-laws are in conformity with the cooperative laws and the cooperative identification statement, and;
that the members are capable of using the services rendered by the proposed cooperative.
