Co-operatives National Law Application Act 2013
239Special resolutions
Start here
Get a plain-English read of 239
Turn the raw legal text into a practical explanation grounded in Co-operatives National Law Application Act 2013.
239 Special resolutions
(1) A special resolution is a resolution of a co-operative that is passed:
(a) by a two-thirds majority at a general meeting of the co-operative; or
(b) by a two-thirds majority in a postal ballot (other than a special postal ballot) of members; or
(c) by a three-quarters majority in a special postal ballot of members.
**Note 1.** A co-operative may by its rules require a higher majority voting percentage on any matter or that specified matters must be passed by postal or special postal ballot.
**Note 2.** Section 250 enables 20% of members (or a lesser percentage specified in the rules) to require a postal ballot for a special resolution.
(2) A special resolution may be passed by a postal ballot only if the rules of the co-operative so permit or this Law requires the special resolution to be passed by postal ballot (including a special postal ballot).
(3) A resolution must not be considered to have been passed as a special resolution unless not less than 21 days notice has been given to the members of the co-operative stating:
(a) the intention to propose the special resolution; and
(b) the reasons for proposing the special resolution; and
(c) the effect of the special resolution being passed.