SCHEDULE 2 Establishment, Incorporation and Constitution of Building Societies
Part III Meetings, Resolutions and Postal Ballots
Special resolutions
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No resolution of a building society shall be passed as a special resolution F1, or as a shareholding members’ resolution,unless it is required to be so passed by or under any provision of this Act or by the rules of the society.
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(1)
A resolution of a building society shall be a special resolution when it has been passed by not less than three-quarters of the number of the members of the society qualified to vote on a special resolution and voting either—
(a)
in person or by proxy on a poll on the resolution at a meeting of the society of which notice specifying the intention to move the resolution as a special resolution has been duly given; or
(b)
in a postal F2or electronic ballot on the resolution of which notice specifying that the resolution will not be effective unless it is passed as a special resolution has been duly given.
(2)
In any rules made by a building society on or after 1st October 1960, whether before or after the commencement of this Act, “special resolution”, unless the context otherwise requires, means a special resolution as defined in this paragraph.
F327A
A resolution of a building society shall be a shareholding members’ resolution when it has been passed by not less than three-quarters of the number of the shareholding members of the society—
(a)
qualified to vote on a shareholding members’ resolution; and
(b)
voting in person or by proxy on a poll on the resolution at a meeting of the society of which notice specifying the intention to move the resolution as a shareholding members’ resolution has been duly given.