Co-operatives Act 2009

The board of a co‑operative must conduct a postal ballot, including a special postal ballot, for the passing of a special resolution on the written requisition of such number of members who together are able to cast at least 20%, or any lesser percentage specified in the rules of the co‑operative, of the total number of votes able to be cast at a meeting of the co‑operative.

The following provisions apply to a requisition for a postal ballot —

it must state —

the proposed special resolution to be voted on; and

the reasons for the making of the special resolution; and

the effect of the special resolution being passed;

it must be signed by the requisitioning members, and may consist of several documents in like form each signed by one or more of the requisitioning members;

it must be served on the co‑operative by being lodged at the registered office of the co‑operative.

The postal ballot must be conducted as soon as practicable and in any case must be conducted within 2 months after the requisition is served.

If the special resolution for which the requisitioned postal ballot is conducted is not passed, the co‑operative may recover the expenses of the postal ballot from the members who requisitioned the postal ballot as a debt due to the co‑operative.

The members’ liability under subsection (4) is joint and several.