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s 182

Decision of Registrar on application to register special resolution

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Part 8Voting and meetings
Division 2Resolutions

182 Decision of Registrar on application to register special resolution

(1)

If the Registrar is satisfied that the co‑operative has complied with this Act, and that a special resolution passed by special postal ballot is not contrary to this Act, the Registrar must register the special resolution.

(2)

If the Registrar considers that the effect of a special resolution lodged for registration would be in contravention of this Act or any other law, the Registrar —

(a)

may refuse to register the special resolution; and

(b)

must give written notice to the co‑operative that the special resolution —

(i)

in the case of a special resolution referred to in section 180(2), has no effect; and

(ii)

in any other case, has no effect as from the date that it was passed.

(3)

A certificate of registration of a special resolution given by the Registrar is, in favour of any person advancing money to the co‑operative on the faith of the certificate or in favour of any guarantor of that advance, evidence that the resolution was properly passed.

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