What is the legal process for making changes to our constitution?
Whether your organisation is an incorporated association, a company limited by guarantee or a co-operative, it can only change its constitution by passing a ‘special resolution’. It is important that the statutory (legal) requirements for a special resolution are complied with, otherwise the resolution will be invalid and the desired changes will not take effect. As well as the statutory requirements, you also need to comply with any extra requirements in your own constitution. For example, the rules of a state organisation may require the approval of the national body before changes to the state organisation’s rules are effective.
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