239Special resolutions

239 Special resolutions

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.