Co-operatives Act, 2005 (Act No. 14 of 2005)

Chapter 2 : Registration, Constitution, Powers of Co-operative and Registered Office and Record Keeping by Co-operative

Part 2 : Constitution and powers of co-operative

18. Amendment to constitution

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(1)A co-operative may amend its constitution by a special resolution.

 

(2)A notice of general meeting where a proposal to amend the constitution is to be considered must set out the proposed amendment.

 

(3)An amendment of a constitution comes into operation—
(a)on the date it is registered by the registrar; or
(b)on a date specified in the special resolution.

 

(4)The registrar must register an amendment to the constitution, submitted in the prescribed form, if the registrar is satisfied that—
(a)the amendment complies with this Act and with the co-operative principles set out in section 3; and
(b)there has been compliance with the provisions of this section;
(c)in relation to a co-operative registered as a co-operative bank under the Co-operative Banks Act, 2007, the supervisor of that co-operative bank has approved the amendment.

[Section 18(4)(c) inserted by section 90 (item 2 of Schedule) of the Co-operative Banks Act, 2007 (Act No. 40 of 2007) Notice No. 217, GG 30802, dated 22 February 2008]

 

(5)The registrar may refuse to register an amendment if the requirements set out in subsection (4) are not complied with.

 

(6)The registrar must advise a co-operative, in writing, of the reasons for refusing to register an amendment.

 

(7)An amendment to the constitution may not affect—
(a)an existing cause of action or claim or liability to prosecution in favour of, or against, the co-operative or its directors; or
(b)any civil, criminal, administrative, investigative or other action or proceedings to which a co-operative or its directors are a party.