23Special resolutions

23 Special resolutions

[Section 23 Subsection (3) amended by No. 43 of 1983, s. 9 ]

(1)  For the purposes of this Act, a resolution is a special resolution if it is passed by a majority of not less than three-quarters of such members of an incorporated association entitled under the rules of the association to vote as may be present in person at a general meeting of which notice specifying the intention to propose the resolution as a special resolution was given in accordance with those rules.

(2)  At a general meeting to which subsection (1) relates, unless a poll is demanded, a declaration by the chairman that the resolution has been carried is conclusive evidence of the fact.

(3)  *[Section 23 Subsection (3) amended by No. 9 of 1982, s. 7 and Sched. 10 ]*Except as otherwise provided in this Act, notice of the passing of a special resolution shall be lodged by the public officer of the association, as prescribed, with the Commissioner within a period of one month after the passing of the resolution, and thereupon the resolution shall be registered by him and, until registered, it does not take effect.

(4)  A notice under subsection (3) –

(a) shall be signed by the public officer of the association; and

(b) shall be accompanied by such other documents (including a copy of the special resolution) as may be prescribed, and those documents shall be signed or verified as prescribed.