Co-Operative Societies Act 2008

47. Proposals

1.      A member who is entitled to vote at an annual meeting of members may-

a.      submit to the society notice of any matter that he proposes to raise at the meeting; and

b.     discuss at the meeting any matter with respect to which he would have been entitled to submit a proposal.

1.     

2.      Where a member submits a proposal and requests the directors of the society to send the proposal with the notice of the meeting at which the proposal is to be presented or make the proposal available to all members entitled to attend and vote at that meeting, the society shall comply.

3.      Where a member submits a proposal and requests the society to include in or attach to the notice-

a.      a statement by the member of not more than 200 words in support of the proposal; and

b.     the name and address of the member, the society shall comply.

1.     

2.     

3.     

4.      A society is not required to comply with subsections (2) and (3) where-

a.      the proposal is not submitted to the society at least forty-five days before the anniversary date of the previous annual general meeting of members;

b.     in the opinion of the directors, the proposal is submitted by the member primarily for the purpose of-

                      i.         enforcing a personal claim or redressing a personal grievance; or

                     ii.         promoting general economic, political, racial, religious, social or similar causes;

a.       

b.       

c.      the society, at the member’s request, included a proposal in a notice of a meeting of members held within 2 years preceding the receipt of the proposal submitted pursuant to subsection (1), and the member failed to present the proposal at the meeting;

d.     substantially the same proposal was submitted to members in the notice of a meeting of members held within 2 years preceding the receipt of the member’s request, and the proposal was defeated; or

e.      in the opinion of the directors, the rights conferred by this section are being abused to secure publicity.

1.     

2.     

3.     

4.     

5.      The member who requests that the proposal and any statement be sent with the notice of the meeting at which the proposal is to be presented shall pay the cost of sending the proposal and statement, unless the members present at the meeting provide otherwise by a majority vote.

6.      No society and no person acting on behalf of a society incurs any liability by reason only of circulating a proposal or statement in compliance with this section.

7.      Where a society refuses to include a proposal in a notice of a meeting, the society shall, within thirty days after receiving the proposal-

a.      notify the member submitting the proposal of its intention to omit the proposal from the notice of the meeting; and

b.     send to the member a statement of the reasons for the refusal.

1.     

2.     

3.     

4.     

5.     

6.     

7.     

8.      Where a member claiming to be aggrieved by a refusal pursuant to subsection (7) applies to the Registrar, the Registrar may suspend the holding of the meeting to which the proposal is sought to be presented and may give any directions he considers appropriate.

9.      In this section “proposal” means a notice submitted to a society pursuant to subsection (1)(a) .

Back

Index

Next