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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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XIV. Resolutions

Collection:: Economics Books

RESOLUTIONS 159 3. If the meeting is not validly constituted according to the articles or the Act, or if any of the provisions of the articles or the Act as to the conduct of business are not observed: but a resolution duly passed by a meeting con- vened by a board irregularly constituted is valid (Boschoek Proprietary Co. v. Fuke (1906), 1 Ch. 148}; as also is a resolution passed at a meeting irregularly convened, but at which all the members were present and voted for the resolution (see above). Unless the articles otherwise provide, a resolution (not being special or extraordinary) can be passed, if the voting is taken by show of hands, by a simple majority of those present and entitled to vote, and, if a poll is demanded, by a simple majority of the votes given at the poll. The characteristics of extraordinary and special resolutions gxtra- have already been dealt with to some extent in Chapter XI. ordinary Both are defined in s. 117 of the Act, the effect of which is here Resolution summarised. For a resolution to be an extraordinary resolution: 1) It must be passed by a majority of not less than three- fourths of the members voting in person or by proxy (where proxies are allowed); iz) Only those members who are entitled to vote may be counted; (3) It must be passed at a general meeting; (4) Notice of the meeting must have been duly given; 5) The notice must have specified the intention to propose the resolution as an extraordinary resolution. If any one or more of the above conditions are not fulfilled, the resolution is not an extraordinary resolution semble unless all the members agreed to it [see s. 118, 4 (c)]. (See above.) For a resolution to be a special resolution: 1) It must be passed by such majority as is required for the passing of an extraordinary resolution. This involves the fulfilment of the first two of the conditions specified above as necessary in the case of an extraordinary resolution. (2) It must be passed at a general meeting. (3) Not less than twenty-one days’ clear notice of the meeting must have been duly given; (4) The notice must have specified the intention to propose the resolution as a special resolution. The third requirement specified above may be dispensed Special Resolution.

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