Monetary consequences of expulsion or resignation (CNL s128)
11 Monetary consequences of expulsion or resignation (CNL s128)
In this rule:
deficiency means the amount of accumulated loss, deficiency or significant change disclosed in the last balance sheet of the co-operative, or later reported before expulsion.
If a member is expelled or resigns from the co-operative, all amounts owing by the former member to the co-operative become immediately payable in full.
The shares of an expelled or resigning member must be cancelled as at the day of expulsion or resignation, and the cancellation must be noted in the register of shares.
Subject to subrule (5) and the written terms of a class of share issued, the co-operative must, however, pay to the expelled or resigning member the amount of capital paid up on the former member’s shares at the time of expulsion or resignation (less any amount owing by the former member to the co-operative).
If a deficiency exists, an appropriate proportion of the loss, deficiency or significant change may be deducted from the amount of capital paid up on the shares of the expelled or resigning member. This is done having regard to the number of shares held by the expelled or resigning member immediately before expulsion or resignation in relation to the number of shares in the co-operative.
Subject to section 128 of the Law, payment to the expelled or resigning member of any amount owing by the co-operative to the former member:
must be made at the time decided by the board but within one year from the date of expulsion or resignation; or
may be applied at the time decided by the board, but within one year from the date of expulsion or resignation, in the manner set out in section 128 of the Law, if there is agreement by the board and former member or if the board considers that repayment would adversely affect the financial position of the co-operative.
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