Friendly Societies and Credit Unions Act 1982

Special resolutions

82 Special resolutions

(1)

For the purposes of this Act, a special resolution, in relation to a registered society or branch, is a resolution passed—

(a)

at a general meeting of which notice, specifying the intention to propose that resolution, has been duly given in accordance with the rules of the society or branch; and

(b)

by not less than 75% of those members of the society for the time being entitled under the society’s rules to vote who vote on the matter or, in the case of a meeting of delegates appointed by members, by not less than 75% of the votes of the delegates who vote on the matter.

(2)

[Repealed]

(3)

A copy of every special resolution signed by the chairman of the meeting and countersigned by the secretary, shall be sent to the Registrar and, subject to subsection (4), shall forthwith be registered; but until that copy is so registered the special resolution shall not take effect.

(4)

Where, in accordance with subsection (3), there is sent to the Registrar a copy of a special resolution passed at a meeting of a registered friendly society for the purpose of—

(a)

amalgamating with another registered society or societies; or

(b)

transferring its engagements to another registered society or company registered under the Companies Act 1993—

the Registrar shall not register the copy before the expiry of a period of 6 weeks commencing with the day on which he receives it, or, where objection has been made under section 85, he shall not register the copy until the period specified in subsection (3) of that section has expired.

Compare: 1909 No 12 ss 60, 63(1)(a), (2); Friendly Societies Act 1974 s 86 (UK)

Section 82(1)(b): amended, on 30 May 2017, by section 105(1) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).

Section 82(1)(b): amended, on 30 May 2017, by section 105(2) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).

Section 82(2): repealed, on 30 May 2017, by section 105(3) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).

Section 82(4)(b): amended, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).