Stage 5: Adopting Your Rules

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Step 11: Call a members meeting to adopt the new Rules

The Board will need to call a general meeting of the members to adopt your new Rules. A special resolution is required to adopt new Rules.

As a special resolution is required to adopt new Rules, the co-op must meet the following requirements:

  • Give members at least 14 days’ notice of the meeting.
  • Attach a copy of the proposed special resolution and the proposed new Rules to the notice of meeting.
  • The special resolution must pass by a majority of at least two-thirds or three-quarters of the votes cast — consult your Rule 1.1 for the majority required in your co-op.

You will also find a notice of meeting template in Rules Tools for Stage 5 below. There is also a choice of templates for the special resolution:

  • If your co-op’s dissolution provision is in your Rules use Resolution 1.
  • More recent co-ops may have the dissolution provision in their Memorandum, if so, they must use Resolution 2.
  • A few older co-ops may have it in both places, in which case, consult CHF BC for correct wording.

Step 12: Register your new Rules

After the members have adopted your new Rules, they are still not yet in effect. You must register them with the Registrar of Companies.

Complete a Form 6 for special resolutions online and print it out. Reproduce the resolution adopted by the members word-for-word on the form. Mail the form and two copies of your new Rules to the Registrar. Include a cheque to cover the filing fee. Consider the optional extra fee for expedited service.

The Registrar will stamp a copy of the Rules once they have been filed. You will receive the stamped copy by return mail.

Note: your new Rules are not in force until the date on the Registrar’s stamp.

Update October 2021: BC Registrar of Companies made changes in how co-ops file amendments to the Rules. For amendments to the Occupancy Agreement, the Special Resolution templates have been updated to reflect the new change. For a full list of amended Rules Tools, please check out Rules Tools for Stage 5 below.

Step 13: Give a copy of the new Rules to your members

Your Rules come into effect on the date of the Registrar’s stamp. Give a copy of the new Rules to each member.

Have each member sign an acknowledgement form confirming receipt of the new Rules. Keep the signed form in members’ files. You can find a template acknowledgement form with instructions in Rules Tools for Stage 5 below.

Use an intake form for new members as they move into the co-op that includes an acknowledgement of receipt of the Rules and Occupancy Agreement. Find templates with instructions in Rules Tools for Stage 5 below.

Step 14: Transition to your new Rules

Some changes you make will require a process to transition from your old Rules to your new Rules.

For example, if you switched to joint membership from principal and associate membership when you updated your Rules, you will need to manage the transition once your Rules have been filed. We have some guidance and templates to help you manage this transition. Start with the Steps to Transition — Principal and Associate to Joint Membership.

Then use the template memo, and application for joint membership and new shareholding form, found in Rules Tools for Stage 5 below.

Note that this membership model transition process can take 4 to 6 weeks. You will need to plan to have the transition complete before your next member meeting.

Rules Tools for Stage 5

These final steps should be followed very carefully as they will bring your new Rules into legal effect.

full list of Rules Tools is available.

Model Rules: Stages and Steps

Steps

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