| (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— |
| (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. |
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