Length of notice - meetings and resolutions, Business Law and Ethics

Length of Notice - Meetings and resolutions:

S.133(1) provides that any provision of a company's articles shall be void in so far as it provides for the called of a meeting of the such company (other than an adjourned meeting) by a shorter notice than 21 days.  The notice must be in writing. 

S.133(2) provides that, except in so far as the articles of a company make other provision in that behalf (not being a provision avoided by S.133(1), a meeting of the company (other than an adjourned meeting) may be called giving twenty-one days notice in writing.  This in effect means that a company's articles may provide for a longer period of notice than twenty-one days but cannot provide for a shorter period.

By S.133(3) a meeting of a company, if called by a shorter period of notice than that prescribed in S.133(1) or by the company's articles, shall be deemed to have been duly called if it is so agreed -

a)      in the case of the annual simple meeting, through all the members entitled to attend and vote at the meeting; and

b)      and also with in the case of any other meeting, by a majority in number of the members having a right to attend and vote at the meeting, being a majority together holding not less than 95% in nominal value of the shares giving a right to attend and vote at the meeting; or in the case of a company not having a share capital, a majority together representing no less than 95% of the total voting rights at that meeting of all the members.

It was explained in Re: Pearce Duff & Co. Ltd that the mere fact all the members are present at the meeting and pass a particular resolution, either unanimously or by a majority holding 95% of the voting rights, does not imply consent to short notice.  Anyone who voted for the resolution can therefore change his mind afterwards and challenge it.

Posted Date: 1/12/2013 5:31:05 AM | Location : United States







Related Discussions:- Length of notice - meetings and resolutions, Assignment Help, Ask Question on Length of notice - meetings and resolutions, Get Answer, Expert's Help, Length of notice - meetings and resolutions Discussions

Write discussion on Length of notice - meetings and resolutions
Your posts are moderated
Related Questions
Two very important resolutions which had a great impact on description of terrorism UNSC has also declared incitement as an offence. The interpretation of terrorism formulated

STATUTORY INTERPRETATION: Conversely the precise connotation of a law written in an Act may cause a legal dispute.  So this is so because, even though the law is written and c

International Competition Law -  Select a specific industry or corporation and analyse the factors that determine a competitive or anticompetitive outcome; - Factors such a

QUESTION 1 Write in detail on the following (a) Agency shop orders and (b) Decrease from the remuneration of a worker for the employer's benefit QUESTION 2 An indust

Question 1: (A) What are the functions of the Employment Relations Tribunal established under the Employment Relations Act 2008? (B) What are the functions of the Commissi

difference b/w offer and ITT AND PAKISTANI CASES OF AUCTION ,ADVERTISMENT,TENDERS AND DISPLAY OF GOODS?

State the world rate of interest We have assumed that the world rate of interest only falls to equal R 2 . At point B, therefore, the domestic rate of interest is below the wo

Relief from Liability: Under s.402(1) the court has power in an action against an officer for breach of duty to grant relief where, although the officer is in breach, it appea

Question 1: Trace the development of administrative law in the English legal system from its questioned beginning to the present day. What recognition is it being given today i

Remedies of the Ultra Vires Lender:                          In Sinclair v Brougham (26) the House of Lords explained that no action or suit lies at law or in equity to recove