244Decision of Registrar on application to register special resolution

244 Decision of Registrar on application to register special resolution

(1) If the Registrar is satisfied the co-operative has complied with this Law and the special resolution is not contrary to this Law, the Registrar must register the special resolution and may issue a certificate of registration.

(2) If the Registrar considers the effect of a special resolution filed for registration would be in contravention of this Law or any other law, the Registrar:

(a) may refuse to register the special resolution; and

(b) must give written notice to the co-operative that the special resolution:

(i) for a special resolution referred to in section 242 (2)—has no effect; and

(ii) in any other case—has no effect as from the date it was passed.

(3) A certificate of registration of a special resolution issued by the Registrar is, in favour of any person advancing money to the co-operative on the faith of the certificate or in favour of any guarantor of that advance, evidence that the resolution was properly passed.

Division 3 Resolution by circulated document

245 Application of Division

This Division applies to a resolution of a co-operative, including a resolution appointing an officer or auditor or approving of or agreeing to any act, matter or thing, if:

(a) the co-operative has fewer than 50 members; and

(b) the resolution is required or permitted under this Law or the rules of the co-operative to be passed at a general meeting of the co-operative.

246 Resolution by circulation of document—fewer than 50 members

(1) If all the members of a co-operative have signed a document that sets out the terms of a resolution and contains a statement that they are in favour of the resolution, the resolution is taken to have been passed at a general meeting of the co-operative.

(2) The meeting is taken to have been held:

(a) if all the members signed the document on the one day—on the day the document was signed, at the time the document was signed by the last member to sign; or

(b) if the members signed the document on different days—on the day, and at the time, the document was signed by the last member to sign.

(3) The document need not exist as a single document, but may exist in the form of 2 or more documents in identical terms.

(4) The document is taken to constitute a minute of the general meeting.

(5) Anything attached to the document and signed by the members signing the document is taken to have been laid before the co-operative at the general meeting.