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

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XI. Notices

Collection:: Economics Books

126 SECRETARIAL PRACTICE meeting of which notice specifying the intention to propose the resolution as an extraordinary resolution has been duly given. 2. A resolution shall be a special resolution when it has been passed by such a majority as is required for the passing of an extraordinary resolution and at a general meeting of which not less than twenty-one days’ notice, specifying the intention to propose the resolution as a special resolution, has been duly given: Provided that, if all the members entitled to attend and vote at any such meeting so agree, a resolution may be proposed and passed as a special resolution at a meeting of which less than twenty-one days’ notice has been given. Extra- It will be observed that, in the case of an extraordinary or ordinary and special resolution, the notice must specify the intention to Soectst, propose the resolution as an extraordinary or special resolution eSOlulON. 5s the case may be. The body of the notice will accordingly be in the following, or some similar, form: ‘Notice is hereby given that an extraordinary general meeting of the above-named company will be held at . on day, the day of , Ig, at o'clock in the noon, when the subjoined resolution will be proposed as an [extraordinary] [special] resolution: that etc.’ The length of notice required for an extraordinary resolution is the usual length of notice for general meetings of the company, ¢.e. that specified by the articles, or, if no other provisionis made by the articles, seven clear days[s. 115 (1) (a)]. In the case of a special resolution, in the absence of agreement to the contrary among all the members entitled to attend and vote, it must be not less than twenty-one clear days. If the notice does not specify the intention to propose the resolution as an extraordinary resolution, or special resolution, as the case may be, the resolution will not be validly passed [MacConnell v. E. Prill & Co. (1916) 2 Ch. 57]. A special resolution no longer requires confirmation at a second meeting [cf. s. 69 (2) of the Act of 1908]. Under the Act of 1908 the majority required was not less than three-fourths of the members present and entitled to vote, whereas under the Act of 1929 members present but not voting are not taken into account. The requirements of the Statute and of articles of asso- ciation regarding notices are intended for the protection of the shareholders, and it appears that if, in spite of non-

Access restriction

Copyright

fullscreen: Secretarial practice

Monograph

Chapter

Table of contents

Download

Monograph

Chapter

This page

Image fragment

Citation links

Citation recommendation