NOTICES
bas
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compliance with these requirements, the entire body of
shareholders pass the resolution and waive the irregularity
of the notice, the Court will declare the resolution valid
[Express Engineering Works (1920), 1 Ch. 466; Oxted Motor
Company (1921), 3 K.B. 32]. It is not essential to the validity
of a resolution so passed that all the shareholders should
have given their assent at the same time or in the same
place [Parker & Cooper Ltd. v. Reading (1926), Ch. 975]. The
resolution in that case was an ordinary resolution. S. 118 (4)
(c) of the Act of 1929, appears to assume that the same
principle applies to special and extraordinary resolutions.
This is, however, open to question, particularly as regards
matters which the Act itself requires to be dealt with by
special resolution, e.g. reduction of capital, and it would be
inadvisable to rely on an agreement reached without a meeting
being held.
By s. 61 of the Law of Property Act, 1925, ‘In all deeds,
contracts, wills, orders and other instruments, executed, made
or coming into operation after the commencement of this
Act, unless the context otherwise requires:
(a) ‘Month’ means calendar month.
("* ‘Person’ includes a corporation.
The singular includes the plural and vice versa.
& The masculine includes the feminine and vice versa.
A notice would appear to be clearly within the meaning -
the word ‘instrument ’