Credit Union Act 1997

Notice of general meetings.

80

80. (1) Before a general meeting of a credit union is held, the secretary of the credit union shall, in accordance with subsection (2), give notice of the meeting to the F171 [ Bank ], to the auditor of the credit union and to every member of the credit union who, at the beginning of the relevant period, is eligible to vote at the meeting.

(2) Subject to subsection (4), the notice required by subsection (1)

F172 [ ( a ) shall state the date, time, place (where applicable) and manner of holding (where applicable) of the general meeting; ]

( b) shall be accompanied by the agenda for the meeting;

( c) in the case of a notice of a special general meeting, shall contain a statement that the annual accounts for the most recent financial year may be obtained, not later than seven days before the date of the general meeting, at the registered office of the credit union F172 [ ; ]

( d) shall, within the relevant period, be delivered personally or by post to the auditor and to each member of the credit union and, if delivered by post to any member, shall be so delivered to the address of that member as recorded in the books of the credit F172 [ union, and ]

F173 [ ( e ) shall, in the case of a general meeting proposed to be held wholly or partly by the use of electronic communications technology, state—

(i) the electronic platform to be used for the meeting,

(ii) details for access to the electronic platform,

(iii) where required by a credit union, the time and manner by which an attendee must confirm his or her intention to attend the meeting,

(iv) any requirements or restrictions which the credit union has put in place in order to identify attendees who intend to attend the meeting,

(v) the procedure for attendees to communicate questions and comments during the meeting, and

(vi) the procedure to be adopted for voting on resolutions proposed to be passed at the meeting. ]

(3) References in subsections (1) and (2) to the relevant period are references to the period which begins 21 days before and ends seven days before the date of the general meeting; and any provision in the rules of a credit union shall be void in so far as it provides for the calling of a general meeting of the credit union (other than an adjourned meeting) by less than seven or more than 21 days' notice.

(4) With the consent of the F171 [ Bank ], given where the F171 [ Bank ] considers there are exceptional circumstances justifying the application of this subsection, the notice required by subsection (1) shall be given by publishing a notice, in accordance with subsection (5), at such times (or within such period) and in such form F173 [ and containing such information ] as the F171 [ Bank ] may require.

(5) Where subsection (4) applies, the notice, which shall include the agenda for the meeting, shall be published—

( a) in at least two appropriate newspapers published in the State and circulating in the area in which the registered office of the credit union is situated, and

( b) in any other manner which the F171 [ Bank ] requires as being necessary for bringing the notice to the attention of the persons entitled to attend the meeting,

and, for the purposes of paragraph (a), the two appropriate newspapers are a local newspaper and a national daily newspaper or, if there is no local newspaper circulating in the area concerned, two national daily newspapers.

(6) The proceedings at a general meeting shall not be invalidated by—

( a) the accidental omission to give notice to any member entitled to receive notice of the meeting; or

( b) the non-receipt by any member of notice of the meeting.

(7) A general meeting of which notice is given less than seven days before the meeting but otherwise in accordance with subsection (2) shall not be invalid if not less than two-thirds of the members entitled to vote at the meeting and the auditor so agree in writing either before or during the meeting.

Annotations

Amendments:

F171

Substituted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 pt. 24 item 45, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3 para. 26.

F172

Substituted (16.12.2020) by Finance (Miscellaneous Provisions) Act 2020 (25/2020), s. 7(a)(i)-(iii), commenced on enactment.

F173

Inserted (16.12.2020) by Finance (Miscellaneous Provisions) Act 2020 (25/2020), s. 7(a)(iv), (b), commenced on enactment.