Seán Sherlock (Cork East, Labour) | Oireachtas source

I move amendment No. 230:

In page 889, to delete lines 21 and 22 and substitute the following:“(2) Such other persons—

(a) being persons—

(i) whom the directors admit to membership; or

(ii) who are admitted to membership, pursuant to provisions that the constitution may contain in that behalf, whether provisions that—

(I) provide a separate power to; or

(II) supplement or limit, or exclude, any power of the directors in that regard;

and

(b) whose names are entered in its register of members, shall be members of the CLG.”.

These amendments allow for a procedure for admission to membership to be determined by the company constitution. This section introduces new law which has been modelled on the Model Regulation 3 in Table C of Schedule 1 of the 1963 Companies Act. The proposed amendment provides for the first time that the constitution of the company must state the number of members with which the company proposes to be registered, that the registrar be notified of any increase to this number and that the constitution may limit the number of members in the constitution and regulates voting, that is, one vote per member in the absence of constitutional provision to the contrary. The offence, under this section, has been brought within the general scheme of offences under Part 14 and is now a category 4 offence, that is, on summary conviction a class A fine.

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