Deutsche Geschichte: Urzeit und Mittelalter

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Multivolume work

Identifikator:: 1892063557

Document type:: Multivolume work

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Deutsche Geschichte

Place of publication:: Berlin

Publisher:: Gaertner

Year of publication:: 1891-

Collection:: Economics Books

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Volume

Identifikator:: 1892064901

URN:: urn:nbn:de:zbw-retromon-238006

Document type:: Volume

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Urzeit und Mittelalter

Volume count:: Abt. 1

Place of publication:: Freiburg im Breisgau

Publisher:: Heyfelder

Year of publication:: 1904

Scope:: XIX, 488 S.

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Elftes Buch

Collection:: Economics Books

NOTICES 123 there can be no doubt that some members may be precluded from attending general meetings of the company, other than the statutory meeting, yet having regard to the special wording of s. 113 (1) and to the object of the statutory meeting, it appears to be intended that no member is to be precluded from attending that meeting. If, however, a company has issued share warrants before the statutory meeting, it seems clear that, apart from special provisions in the articles, or regulations made by the board in pursuance thereof, a holder is not entitled to notice of the statutory meeting or to receive the report, since he is not a member unless the articles provide that he is to be a member [s. 97 (5)]. In addressing notices it is not necessary that they should be directed exactly in the same way as the member's address appears upon the register, but the member’s place of abode must be given with substantial accuracy [Liverpool Marine Insurance Co. v. Haughton (1874), 23 W.R. 93]. In large offices addressing machines should be in use and the plates of the machine exactly comply with the registered address. If a shareholder gives instructions for notices to be sent to some other person or address a careful note must be made thereof and the address plate altered accordingly. [t is a matter of the utmost importance that proper notice should be given to every shareholder who is entitled to receive it, for the omission to serve even a single member will render a resolution invalid [Smyth v. Darley (1849), 2 H.L.C. 789; Young v. Ladies Imperial Club (1920), 2 K.B. 523], unless, as is commonly the case, there are provisions in the articles to the effect that the accidental omission to give notice to any member, or the non-receipt by any member of the notice, is not to invalidate the meeting. A record should be kept in the postage book of the despatch of the precise number of notices required to be sent. It should be observed that, where by the articles notice may be given personally, or by sending it through the post to a member at his registered address, it is not properly given if it be left by hand at the registered address. In framing the notice, the primary point to remember is Contents of that the meeting has no power to pass any resolution outside Notice. the scope of the notice [Bridport Old Brewery Co. (1867), 2 Ch. App. 191; Vale of Neath Brewery Co., Lawe’s Case (1852), 1 De G.M. and G. 421; Isle of Wight Railway Co. v. Tahourdin (1884), 25 Ch. D. 320]. And, of course, the provisions of the articles must be strictly followed. The articles usually provide that the notice of a meeting shall state the place. day. and hour of meeting, and in the case

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Contents: Secretarial practice

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