250Holding of postal ballot on requisition

250 Holding of postal ballot on requisition

(1) The board of a co-operative must conduct a postal ballot (including a special postal ballot) for the passing of a special resolution on the written requisition of the number of members who together are able to cast at least 20% (or a lesser percentage specified in the rules of the co-operative) of the total number of votes able to be cast at a meeting of the co-operative.

(2) A member cannot be a requisitioning member unless the member is an active member.

(3) The following provisions apply to a requisition for a postal ballot:

(a) it must state:

(i) the proposed special resolution to be voted on; and

(ii) the reasons for the making of the special resolution; and

(iii) the effect of the special resolution being passed;

(b) it must be signed by the requisitioning members (and may consist of several documents in like form each signed by one or more of the requisitioning members);

(c) it must be served on the co-operative by being filed at the registered office of the co-operative.

(4) The postal ballot must be conducted as soon as practicable and in any case must be conducted within 2 months after the requisition is served.

(5) If the special resolution for which the requisitioned postal ballot is conducted is not passed, the co-operative may recover the expenses of the postal ballot from the members who requisitioned the postal ballot as a debt payable to the co-operative.