173Election of directors

173 Election of directors

173 Election of directors

(1) Except as provided in subsections (2)–(4), the directors of a co-operative are to be elected in the way specified in the rules of the co-operative.

(2) The first directors of—

(a) a co-operative formed under this Law are to be elected at its formation meeting; or

(b) a co-operative that was a corporation incorporated under another law are to be the directors in office at the date of registration under this Law.

(3) If authorised by the rules of the co-operative, a board of directors may appoint a person to fill a casual vacancy in the office of a director until the next annual general meeting.

(4) A motion approving or nominating 2 or more persons for election as directors by a single resolution must not be made at a meeting of a co-operative unless a resolution that it be made has first been agreed to by the meeting without any vote being given against it.

(5) If a resolution is passed following a motion in contravention of subsection (4)—

(a) the resolution is void; and

(b) there is no provision for the automatic re-election of retiring directors in default of another election.

(6) This section does not apply to a resolution amending the rules of a co-operative to prevent the election of 2 or more directors by ballot.

(7) A nomination for election or appointment to the office of a director must give details of the qualifications and experience of the person nominated.

(8) Unless this Law or the rules of a co-operative otherwise provide, a director is eligible for re-election at the end of his or her term of office.