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Section 43

General meeting; voting right of members

(1) The members exercise their rights in the affairs of the cooperative in the general meeting, insofar as statute does not determine otherwise.
(2) The general meeting resolves by a majority of the votes cast (simple majority), insofar as statute or the statutes do not determine a larger majority or further requirements. For elections, the statutes may make deviating provision.
(3) Each member has one vote. The statutes may provide for the granting of plural voting rights. The conditions for the granting of plural voting rights must be determined in the statutes subject to the following: 1. Plural voting rights should be granted only to members who especially promote the business operations. No member may be granted more than three votes. In resolutions that mandatorily require, by statute, a majority of three-quarters of the votes cast or a larger majority, and in resolutions on the abolition or restriction of the provisions of the statutes on plural voting rights, a member, even where granted a plural voting right, has only one vote. 2. Number 1 does not apply to cooperatives in which more than three-quarters of the members are members as entrepreneurs within the meaning of section 14 of the Civil Code. At these cooperatives, plural voting rights may be exercised by an individual member up to at most one-tenth of the votes present at the general meeting; the statutes are to govern the particulars. 3. Numbers 1 and 2 do not apply to cooperatives whose members are exclusively or predominantly registered cooperatives. The statutes of these cooperatives may grade the voting right of members according to the amount of their credit balances or another standard. The consent of the affected members is not required for the abolition or alteration of the provisions of the statutes on plural voting rights.
(4) The member should exercise his or her voting right personally. The voting right of natural persons without capacity to contract, or with limited capacity to contract, and the voting right of legal persons, is exercised by their statutory representatives; the voting right of partnerships with capacity to have rights is exercised by their partners entitled to represent them.
(5) The member or his or her statutory representative may grant a proxy for voting. Text form is required for the proxy; the statutes may prescribe written form for the proxy. A proxy holder may not represent more than two members. The statutes may impose personal requirements for proxy holders, in particular may exclude the granting of a proxy to persons who commercially offer their services for the exercise of the voting right.
(6) No one may exercise the voting right for himself or herself or for another where a resolution is taken on whether he or she or the member represented is to be discharged or released from an obligation, or on whether the cooperative is to assert a claim against him or her or the member represented.
(7) (repealed)

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