2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

12.   Election of directors

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    (1)   This regulation applies for the purposes of section 50 of the Act.

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    (2)   Before accepting the nomination of a person, the chairperson of the meeting called to elect directors shall satisfy himself or herself that the person to be nominated—

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      (a)     is qualified under the Act and the by-laws of the society to be director; and

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      (b)     has consented to the nomination.

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

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    (4)   Subject to subregulation (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.

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    (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.

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    (6)   For the purposes of these Regulations a term shall not exceed 3 years.

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    (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.

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

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    (9)   Where a member votes for more than the number of directors to be elected on his or her ballot, his or her ballot is not to be counted.

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    (10)   Where a registered society submits a bye-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 bye-law does not contravene subregulations (4), (5), (6), (7), (8) and (9), the Registrar may approve the bye-law and, on and after the date of that approval, the directors of the society shall be elected in the manner provided in the bye-law.

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    (11)   A society shall not include in any bye-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—

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      (a)     is qualified to be a director; and

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      (b)     consents to the nomination.