Ex parte: The Master ; In re: Transvaal Dairy Co-operative Society [1911] ZATPD 125 (1 September 1911)

Reported
Flynote

Co-operative Society - Membership - How Constituted - Liquidation -Contributories - Act 17 of 1908

 

Case summary

Where a person has applied to become a member of a co-operative society formed under Act 17 of 1908 with the object of dealing wlth members only, and has paid his entrance fee and dealt with the society, on the liquidation of the society, he cannot avoid liability as a member, although he has not signed the list of members.

Application for membership, accepted by provisional directors without any notification to the applicant, does not render him liable as a member.

Informality in the appointment of a director cannot lawfully be taken advantage of by a person who has acted as a member, in order to avoid liability as a member towards the Society's creditors; nor can the fact that a member has not paid an entrance fee provided by the Society's regulations to be a condition of membership.

 


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