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New Zealand law explained for everyone

Building Societies Act 1965

Management and administration - Meetings and resolutions

82: Notices of special resolutions

You could also call this:

“Building societies must tell members about special decisions before meetings”

When you want to make a special decision in your building society, you need to tell the society about it first. If you do this, the society must let everyone know that you’re planning to make this special decision at the next meeting.

If you don’t say which meeting you want to make the decision at, or if the meeting you choose is less than 57 days away, the society will assume you want to make the decision at the first meeting that happens more than 56 days from when you told them.

The society must tell everyone about your special decision. If they don’t, they’re breaking the rules and could get in trouble.

A special decision is one that needs to be passed in a special way to work. It’s not just a normal decision that people make at meetings.

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Part 7 Management and administration
Meetings and resolutions

82Notices of special resolutions

  1. If a member of a society gives notice in writing to the society of his or her intention to move a special resolution at a meeting of the society, the society shall include in the notice of the meeting a notice specifying the intention to move that resolution as a special resolution.

  2. If the member does not specify the meeting at which he or she intends to move the resolution, or if he or she specifies a meeting that will be held 56 days or less after the date of the receipt by the society of the member's notice, the society shall act on the footing that he or she intends to move the resolution at the first meeting held more than 56 days after that date.

  3. If a society fails to comply with subsection (1), the society, and every officer of the society who is in default, shall be guilty of an offence against this Act.

  4. In this section, the expression special resolution means a resolution that will not be effective unless it is passed as a special resolution.

Compare
  • Building Societies Act 1962 s 70 (UK)
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