Schedule 1: Provisions concerning non-profit companies

4: Members

  • (1) A non-profit company is not required to have members, but its Memorandum of Incorporation may provide for it to do so.
    • (2) If the Memorandum of Incorporation of a non-profit company provides for the company to have members, it:
      • (a) must not restrict or regulate, or provide for any restriction or regulation of, that membership in any manner that amounts to unfair discrimination in terms of section 9 of the Constitution;
        • (b) must not presume the membership of any person, regard a person to be a member, or provide for the automatic or ex officio membership of any person, on any basis other than life-time membership awarded to a person:
          • (i) for service to the company or to the public benefit objects set out in the company’s Memorandum of Incorporation; and
            • (ii) with that person’s consent;
            • (c) may allow for membership to be held by juristic persons, including profit companies;
              • (d) may provide for no more than two classes of members, that is voting and non-voting members, respectively; and
                • (e) must set out:
                  • (i) the qualifications for membership;
                    • (ii) the process for applying for membership;
                      • (iii) any initial or periodic cost of membership in any class;
                        • (iv) the rights and obligations, if any, of membership in any class; and
                          • (v) the grounds on which membership may, or will, be suspended or lost.

                        Related Sections

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                        Related Regulations

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                        Related Notes

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                        Related Forms

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