44Special 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.

S. 44(3) amended by No. 7097 s. 5(a).

(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:

S. 44(3)
Proviso repealed by No. 7097 s. 5(b).

S. 44(3) Further Proviso amended by No. 7097 s. 5(c).

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).

Pt 2 Div. 5 (Heading and ss 44A, 44B) inserted by No. 48/1992 s. 97.