- Laws of Fiji

Last Updated: 24 June 2022

[COOP 27] Creation of charge in favour of co-operatives27

(1) Subject to the Personal Property Securities Act 2017 and any other written law as to priority of debts, where a co-operative has—

(a)supplied to a member or past member industrial implements or machinery or materials for manufacture or building, or seeds, fertiliser, animals, feeding stuffs or agricultural implements; or
(b)rendered services to a member or past member; or
(c)lent money to a member or past member to enable the member to buy things or to obtain services as specified in paragraph (a);

the co-operative shall have a first charge upon those things or, as the case may be, upon industrial or agricultural produce, animals or articles produced therewith or therefrom or with the aid of such money, except that nothing in this paragraph shall affect the claim of a bona fide purchaser or transferee without notice.

[subs (1) am Act 45 of 2017 s 114 and Sch, effective 31 May 2019]

(2) Outstanding demands or dues payable to a housing co-operative by a member or past member in respect of rent, shares, loans or purchase money or any other rights or amounts payable to such co-operative shall be a first charge upon that member's interest in the immovable property of the co-operative.

(3) Any outstanding demands or dues not exceeding in the aggregate $200 per annum payable to a registered co-operative for the purchase of shares in that co-operative by any member or past member shall be a first charge on all crops or other agricultural produce, felled timber or other forest produce, marine produce, fish, livestock, fodder, agricultural, industrial and fishing implements, plant, machinery, boats, tackles and nets, raw materials, stock in trade and generally all produce of labour of such member or past member, provided that any outstanding demand or due for the purchase of such shares shall be deemed to constitute a share of the member under the provisions of section 28 of this Act.