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43.   special meeting

Revised Laws of Saint Lucia (2021)

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43.   special meeting

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    (1)   The Registrar may, on the application of 1/10 of the whole of the members of a society and with the consent of the Governor General, either appoint an inspector to examine into and report on the affairs of the society, or call a special meeting of the society.

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    (2)   However—

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      (a)     the application under this section shall be supported by such evidence as the Registrar may direct for the purpose of showing that the applicants have good reason for requiring the inspection to be made or the meeting to be called, and that they are not actuated by malicious motives in their application; and

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      (b)     such notice of the application shall be given to the society as the Registrar may direct; and

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      (c)     the Registrar shall require the applicants to give security for the costs of the proposed inspection or meeting before the inspector is appointed or the meeting is called; and

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      (d)     all expenses of and incidental to the inspection of the meeting shall be defrayed by the applicants, or out of the funds of the society, or by the members or officers, or former members or officers of the society, in such proportions as the Registrar may direct.

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    (3)   An inspector appointed under this section may require the production of all or any of the books, accounts, securities and documents of the society, and may examine on oath its officers, members, agents, and servants in relation to its business, and may administer an oath accordingly.

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    (4)   The Registrar may direct at what time and place a special meeting under this section is to be held, and what matters are to be discussed and determined at the meeting, and the meeting shall have all the powers of a meeting called according to the rules of the society, and shall in all cases have power to appoint its own chairperson, despite any rule of the society to the contrary.

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    (5)   The Registrar may, without any application by members, but with the consent of the Governor General given on each occasion, exercise the powers given by this section in the following cases—

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      (a)     where a society has, for 2 months after notice, failed to make any return required by this Act;

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      (b)     where a society has, for 2 months after notice, failed to correct or complete any such return;

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      (c)     where evidence is furnished by a statutory declaration of not less than 3 members of a society of facts which in the opinion of the Registrar call for investigation, or for recourse to the judgment of a meeting of the members. However, the Registrar shall, on receipt of such declaration, send a copy thereof to the society, and such society shall within 14 days from the sending of such copy, be entitled to give the Registrar an explanatory statement in writing, by way of reply thereto.

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