Victorian Consolidated Legislation

Co-operative Housing Societies Act 1958 - SECT 44

Special resolution

44. Special resolution



(1) For the purposes of this Act special resolution means a resolution which
is passed by a majority of not less than three-quarters of such members of the
society entitled under the rules to vote as may be present in person at any
general meeting of which notice specifying the intention to propose the
resolution has been duly given according to the rules.

(2) At any such general meeting, unless a poll is demanded, a declaration by
the chairman that the resolution has been carried shall be conclusive evidence
of the fact.

(3) A copy of the special resolution, signed by the chairman of the meeting
and countersigned by the secretary, shall be sent to the registrar within one
month after the passing of the special resolution, or within such further time
as the registrar in any particular case allows and shall be registered by him
and until the copy is so registered the special resolution shall not take
effect:



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Provided that a special resolution for the expulsion of any member from a
society shall not be registered unless the registrar is satisfied that in all
the circumstances of the case the expulsion is reasonable and that the
proceedings in respect of the expulsion have been properly and fairly
conducted.

(4) A certificate of registration of any special resolution or of any
alteration of the rules of a society given by the registrar shall in favour of
any person lending money to the society on the faith of such certificate, or
in favour of any guarantor of any such loan, be conclusive evidence that such
resolution was duly passed or such alteration in the rules duly made (as the
case may be).

Division 5-Quarterly returns and reports