sch.5-sec.62Notices to members (CNL s611)

sch.5-sec.62 Notices to members (CNL s611)

This rule applies in addition to section 611 of the Law regarding how a notice or other document may be given to a member of the co-operative. A notice or other document required to be given to a member of the co-operative may be given by the co-operative to any member by any form of technology (for example, by fax or email), where the member has given consent and notified the co-operative of the relevant contact details. Legislation relating to electronic transactions may also be relevant to the giving of notices or other documents. If a notice is sent by post, service is taken to be effected at the time at which the properly addressed and prepaid letter would be delivered in the ordinary course of post. In proving service by post, it is sufficient to prove that the envelope containing the notice was properly addressed and posted. A notice forwarded by some other form of technology is taken to have been served, unless the sender is notified of a malfunction in transmission, on the day of transmission if transmitted during a business day, otherwise on the next following business day. A notice may be given by the co-operative to joint members by giving the notice to the joint member named first in the register of members. A notice may be given by the co-operative to the person entitled to a share in consequence of the death, incapacity or bankruptcy of a member by sending it through the post in a prepaid letter addressed to that person by name. Alternatively, it can be addressed to the person by the title of representative of the deceased or incapacitated person, or trustee of the bankrupt, or by any like description, and: the address should be that supplied for the purpose by the person claiming to be entitled; or if no such address has been supplied, the notice can be given in the manner in which it could have been given if the death, incapacity or bankruptcy had not occurred. (sch.5-sec.62-ssec.1) This rule applies in addition to section 611 of the Law regarding how a notice or other document may be given to a member of the co-operative. (sch.5-sec.62-ssec.2) A notice or other document required to be given to a member of the co-operative may be given by the co-operative to any member by any form of technology (for example, by fax or email), where the member has given consent and notified the co-operative of the relevant contact details. Legislation relating to electronic transactions may also be relevant to the giving of notices or other documents. (sch.5-sec.62-ssec.3) If a notice is sent by post, service is taken to be effected at the time at which the properly addressed and prepaid letter would be delivered in the ordinary course of post. In proving service by post, it is sufficient to prove that the envelope containing the notice was properly addressed and posted. (sch.5-sec.62-ssec.4) A notice forwarded by some other form of technology is taken to have been served, unless the sender is notified of a malfunction in transmission, on the day of transmission if transmitted during a business day, otherwise on the next following business day. (sch.5-sec.62-ssec.5) A notice may be given by the co-operative to joint members by giving the notice to the joint member named first in the register of members. (sch.5-sec.62-ssec.6) A notice may be given by the co-operative to the person entitled to a share in consequence of the death, incapacity or bankruptcy of a member by sending it through the post in a prepaid letter addressed to that person by name. Alternatively, it can be addressed to the person by the title of representative of the deceased or incapacitated person, or trustee of the bankrupt, or by any like description, and: the address should be that supplied for the purpose by the person claiming to be entitled; or if no such address has been supplied, the notice can be given in the manner in which it could have been given if the death, incapacity or bankruptcy had not occurred.