MEETINGS OF SHAREHOLDERS 133
All regulations, however, as to convening extraordinary
general meetings must be read subject to the provisions of
s. 114 of the Act, which entitles ‘members of the company
holding at the date of the deposit of the requisition, not less
than one-tenth of such of the paid-up capital of the company
as at the date of the deposit carries the right of voting at
general meetings of the company, or, in the case of a company
not having a share capital, members of the company repre-
senting not less than one-tenth of the total voting rights of all
the members having at the said date a right to vote at general
meetings of the company’ to requisition such a meeting. The
requisition, which may consist of several documents in like
form, must be signed by the requisitionists and deposited at
the office of the company, and it must state the objects of the
meeting. In the case of Fruit and Vegetable Growers v.
Kekewich (1912), 2 Ch. 52), all the documents required the
meeting to be convened ‘for the purpose of considering the
reconstitution of the board and resolutions concerning the
directorate and officers of the company’; some of them added
the words ‘in addition to the affairs of the company in general.’
It was held that the documents were in like form within the
meaning of the corresponding section of the Act of 1go8, and
that they sufficiently indicated the objects of the meeting.
Thereupon it becomes the duty of the directors, within
twenty-one days, to cause a meeting to be convened, and
this they will do by meeting and instructing the secretary to
call the meeting. If the requisition is for the purpose of
passing an extraordinary or special resolution and the directors
do not give the notice required by s. 117, they will be deemed
not to have duly convened the meeting [s. 114 (6)]. After
the twenty-one days, if no meeting has been duly convened,
the requisitionists, or any of them representing more than
one-half of the total voting rights of all of them, may them-
selves convene one in the same manner as nearly as possible as
meetings are to be convened by the directors. It was decided
in 1901 by Wright, J. [re State of Wyoming Syndicate (1901),
2 Ch. 431], that the secretary cannot, within the twenty-one
days, convene the meeting without the authority of the
directors; but the further point was left open as to whether,
after the expiration of the twenty-one days, the requisitionists
could convene the meeting by notices signed by the secretary.
Semble, however, they could do so as a meeting convened by
the directors would be convened. In any event, no meeting
convened by the requisitionists can be held more than three
months from the date of deposit of the requisition. Under
Ss. I14 (5) the company must reimburse to the requisitionists
Requisi-
tioned
Meeting.