Revised Laws of Saint Lucia (2021)

71.   Borrowing powers of board

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    (1)   Subject to the by-laws, the board may without authorisation of the members of a society—

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      (a)     borrow money on the credit of the society;

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      (b)     issue, re-issue, sell or pledge debt obligations of the society;

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      (c)     give a guarantee on behalf of the society to secure performance of an obligation of any person; and

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      (d)     mortgage, charge, hypothecate, pledge or otherwise create a security interest in all or any property of the society, owned or subsequently acquired, to secure any debt obligation of the society.

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    (2)   A sale, lease or exchange of all or substantially all of the property of a society, other than in the ordinary course of business of the society, must be approved by the members in a manner provided in subsections (3) to (7).

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    (3)   The directors shall send, in the manner provided in section 43, a notice of a special meeting to consider the sale, lease or exchange mentioned in subsection (2) to each member.

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    (4)   The notice mentioned in subsection (3) must include or must be accompanied by a copy or summary of the agreement of sale, lease or exchange mentioned in subsection (2).

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    (5)   At a special meeting held under this section, the members may, by special resolution—

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      (a)     authorise the sale, lease or exchange mentioned in subsection (2); and

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      (b)     fix or authorise the directors to fix, any terms and conditions of sale, lease or exchange.

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    (6)   Each member of the society has the right to vote with respect to sale, lease or exchange mentioned in subsection (2).

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    (7)   A sale, lease or exchange mentioned in subsection (2) is adopted when the members of the society have approved the sale, lease or exchange by a special resolution.