Secretarial practice

Bibliographic data

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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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XI. Notices

Collection:: Economics Books

Notice of Statutory Meeting. 122 SECRETARIAL PRACTICE Notices need not be sent to shareholders who are not within reach [Union Hill Silver Co. (1870), 22 L.T. 400; Smyth v. Darley (1849), 2 H.L.C. 789]. But it is doubtful whether mere absence abroad would disentitle a member to receive notices and the articles usually provide that a member living abroad may supply an address within the United Kingdom at which notices may be given to him and that if he does not do so, he shall not be entitled to any notice of meetings. As an alternative to depriving a member living abroad, who does not supply an address in the United Kingdom, at which notices may be served on him, the articles sometimes provide for his being given notice by advertisement, or by posting up a copy at the registered office of the company. Where the company has issued share warrants to bearer, the articles, or regulations made by the directors in pursuance of the articles, may provide for notices being given to the holders by advertisement, or, where they have furnished the company with an address, for the sending of notices to that address. Sometimes non-members, e.g. debenture holders are given the right of attending and voting at meetings in which case notices should be sent to them. Their votes cannot, however, be taken into account for the purpose of a special or extra- ordinary resolution. It is commonly provided that, in the case of shares registered in joint names, only the person whose name stands first on the register is entitled to notice. Representatives of a deceased or bankrupt shareholder are not entitled to receive notices until they have become members by formal registration [Allen v. Gold Reefs of West Africa (1900), 1 Ch. 656] unless the articles otherwise provide. With reference to the statutory meeting, doubts have been expressed whether all the members of the company are necessarily entitled to notice of it, although they may not all be entitled to notices of other general meetings. S. 113 (1)o0f the Act provides for ‘a general meeting of the members of the company which shall be called the statutory meeting.’ S. 113 (2) provides that the statutory report shall be sent ‘to every member of the company.” If the notice of the statutory meeting is, as is common, indorsed on the statutory report, all the shareholders must necessarily receive it. But even if it is not, it would be unsafe to assume that certain members need not receive it. The words of s. 113 (I), ‘a general meeting of the members of the company,’ differ from those of s. 112 (1) (which makes provision for the annual general meeting) ‘a general meeting of every company.” Although

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