Electing an operations inspector for a corporation

Deliver the free-form application to the AVI which manages the area in which the association’s domicile is located. Attach the following documents to the application:

• the association’s register extract which is not older than three months
• a copy of the valid articles of association or the effective rules,
• a description of the applicant’s shareholding or membership of the association (e.g. a share or member register)
• the name and address of the association’s chairperson, unless they are stated in the register extract
• a copy of the minutes of the meeting in which the election of an operations inspector was demanded
• a copy of the meeting invitation if the election of an operations inspector was demanded at an extraordinary general meeting
• name of the proposed operations inspector and the proposed operations inspector’s written consent to accept the assignment
• a description of the proposed operations inspector’s independence and eligibility for the assignment
• the applicant’s contact details
• the proxy of a representative, if any.

• Housing co-operative

An operations inspector shall always be elected if the housing co-operative does not have an auditor, and the shareholders who hold at least on tenth of all shares or one third of the shares represented at the meeting demand election at a general or an extraordinary general meeting. If the matter is discussed at an extraordinary general meeting, it shall be mentioned in the meeting invitation.

• Co-operative

If the co-operative does not have an auditor, a prerequisite for the appointment of an operations inspector is that at least one fourth of all votes cast by the co-operative’s members or one third of the votes of members represented at the meeting demand that an operations inspector is appointed at a general meeting of the co-operative or a meeting which, according to the meeting invitation, discusses the matter.

• Association

An operations inspector has not been elected in compliance with the Associations Act 1989/503 or the association’s rules.

• Right-of-occupancy association

An operations inspector shall be elected for the right-of-occupancy association if the association does not have an auditor, and at least one tenth of all of the association’s members or one third of the attending members at the meeting demand election at the association’s general meeting or at a meeting which, in accordance with the meeting invitation, discusses the matter.

The application concerning the appointment of an operations inspector shall be delivered within one month of the association’s meeting.