Uniform act on cooperatives
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Preliminary chapter
Scope
Any cooperative, union or federation of cooperatives, whose registered office is located in the territory of one of the States Parties to the Treaty on the Harmonization of Business Law in Africa, hereinafter referred to as “States Parties”, shall be governed by the provisions of this Uniform Act.
Any confederation of cooperatives which opts for a cooperative form shall also be governed by the provisions of this Uniform Act.
Notwithstanding the provisions of Articles 1 and 6 of the Uniform Act on Commercial Companies and Economic Interest Grouping, cooperatives, which engage in commercial activities, shall be governed by the provisions of this Uniform Act.
The provisions of this Uniform Act shall be public policy provisions except in cases where it expressly authorizes the members either to substitute the stipulations agreed to or the provisions of the national legislation of the States Parties to those of this Uniform Act or to supplement their provisions with the provisions of this Uniform Act.
Notwithstanding the provisions of this Uniform Act, cooperatives which carry out the business of a bank or conduct financial activities, shall remain subject to the provisions of domestic or community law relating to the exercise of such activities.
Any individual, regardless of nationality, wishing to form a cooperative to carry on a business in the territory of one of the States Parties, shall, unless otherwise expressly provided by this Uniform Act, choose one of the forms of cooperatives that suits the business s among those laid down in this Uniform Act.