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s 126

Order of Supreme Court against cancellation

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Part 6Active membership
Division 4Cancellation of membership of inactive or missing members

126 Order of Supreme Court against cancellation

(1)

If the Supreme Court is satisfied that the cancellation of a member’s membership under section 120 was or would be unreasonable, the Court may, on application by the member or former member, by order direct that the membership should not have been cancelled or should not be cancelled.

(2A)

An application for an order can only be made within 6 months after —

(a)

notice of the board’s intention to declare the membership to be cancelled is given to the member under section 125(1); or

(b)

if notice was not required as referred to in section 125(2) — the cancellation takes effect.

(2)

While an order is in force under this section —

(a)

the membership concerned is not required to be cancelled and any shareholding of the member is not required to be forfeited; and

(b)

the person whose membership was cancelled is entitled to be reinstated as a member of the co‑operative with all the rights and entitlements, including any shareholding, attaching to or arising from the former membership.

(3)

Reinstatement of a member under this section is to be effected in accordance with the directions of the Supreme Court.

[Section 126 amended: No. 7 of 2016 s. 31.]

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