Secretarial practice

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Monograph

Identifikator:: 1828236004

URN:: urn:nbn:de:zbw-retromon-249926

Document type:: Monograph

Title:: Secretarial practice

Edition:: fourth edition

Place of publication:: Cambridge

Publisher:: W. Heffer & Sons Ltd

Year of publication:: 1930

Scope:: viii, 987 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XI. Notices

Collection:: Economics Books

NOTICES [21 of the Act relating to special resolutions, for ‘seven days’ notice at the least (exclusive of the day on which the notice is served or deemed to be served, but inclusive of the day for which notice is given)’; and since clause 103 provides that a notice shall be deemed to be served in the case of a notice of a meeting at the expiration of 24 hours after the letter containing the same is posted, the latest day for posting the notice, in the case of a meeting to be held on the 20th, would be the 12th. It is therefore necessary for the secretary to ascertain from the articles, (1) the length of notice required; (2) when notice is deemed to be served; and (3) whether the day of service, or the day of the meeting is or is not to be included in the number of days. In the rare cases where the articles of a company do not provide for the length of notice, s. 115 of the Act applies, and the notice, other than a notice of a meeting for passing a special resolution, will be a seven days’ notice, served as required by Table A. If the notice convening the meeting is accompanied by the balance sheet to be circulated in accordance with s. 130, the notice must be a seven clear days’ notice or the balance sheet will not have been sent seven days before the meeting as required by that section. In the case of a notice of a meeting to pass a special resolu- tionnot less than 21 clear days’ notice must be given in accord- ance with s. 117; but with the consent of all the members entitled to attend and vote at the meeting a special resolution may be passed, although the requisite 21 days’ notice has not been given. (See further p. 126.) In despatching the notices the secretary will have to con- sider whether all the shareholders are entitled to receive a notice, and this depends on the articles of the company. In the absence of regulations to the contrary, all shareholders on the register are entitled to receive notices of meetings and to attend and record such votes as they are entitled to. But sometimes particular classes of shareholders, e.g. prefer- ence shareholders, or shareholders the calls upon whose shares are in arrear, are not entitled to receive notices or to attend general meetings. Even in cases where particular shareholders are simply excluded from the right to vote at general meetings, it would appear that unless the articles otherwise provide, they are not entitled to receive notices or to attend or speak at meetings [re Mackenzie & Co. (1916), 2 Ch. 450]. In some companies, whilst certain classes of shareholders are excluded from general meetings, they are specially empowered to attend meetings called for certain specified purposes, and more particularly meetings convened for the purpose of passing a resolution for winding up. To whom Notice sent.

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