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Co-Operative Societies Act 2008


12. Election of directors

1.     This Regulation applies for the purposes of section 50 of the Act.

2.     Before accepting the nomination of any person, the Chairman of a meeting called to elect directors, shall satisfy himself that the person to be nominated—

a.     is qualified pursuant to the Act and the by- the society to be director; and

b.    has consented to the nomination.

3.     Where the number of candidates nominated does not exceed the number of directors to be elected, the Chairman of the meeting called to elect directors shall declare all the candidates elected.

4.     Subject to paragraph (7), only one ballot is to be taken and the number of candidates equal to the number of directors to be elected receiving the highest number of votes are to be declared elected.

5.     Where candidates are to be elected for varying terms, the candidates receiving the highest number of votes cast are to be declared elected for the longest or the longer terms, as the case may be.

6.     For the purpose of these Regulations a term shall not exceed 3 years.

7.     Where 2 or more candidates receive an equal number of votes, the members present at the meeting may by resolution provide that a second ballot be cast to break the tie.

8.     Where the meeting does not decide to hold a second ballot pursuant to paragraph (7), the Chairman of the meeting called to elect directors shall draw lots, and the candidate whose lot is drawn on his ballot, is to be declared elected.

9.     Where a member votes for more than the number of directors to be elected his ballot is not to be counted.

10.  Where a registered society submits a by-law to the Registrar that provides for a method of electing directors other than at a general meeting of members and the Registrar is satisfied that the by-law does not contravene paragraphs (4), (5), (6), (7), (8) and (9), the Registrar may approve the by-law and, on and after the date of that approval, the directors of the society shall be elected in the manner provided for in the by-law.

11.  A society shall not include in any by-law governing the manner of electing its directors, any provision that prohibits its members from nominating as a candidate for election as director any member who—

a.     is qualified to be a director; and (b) consents to the nomination.



Co-Operative Societies Act 2008 Back




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