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
Analyze the differences between a proposal and an invitation to treat and discuss the rules to determine the point of time on which an agreement is reached. Using the latest Malays

Legal Profession - Magistrates However the magistrate is an advocate that who is appointed through the Judicial Service Commission to the post of - The District M

REGULATIONS REGARDING ALCOHOL PURCHASE AND STORAGE As YOU know, ethyl alcohol is one of the laboratory chemicals which can be misused. To control its purchase, storage and use,

Types of jurisdictions in a state Domestically, there are two types of jurisdictions in a state namely the civil jurisdiction and the criminal jurisdiction. The former relates

Relationship of Partners Inter Se Whether various terms are in utilize to denote the different specification of partners.  Then the most central of these terms are like: (

QUESTION 1 One of the main ingredients of a system of collective bargaining is the right to join and participate in the activities of a trade union. What is the extent of this

Delivery of Good – Sales of Goods Therefore this is the voluntary transfer of possession from one person to other. Actually delivery usually takes any of the next forms, namel

EXPLAIN THE AIR SPACE AND OUTER SPACE The scientific advancements made by mankind in the past 100 years are a lot more than the overall scientific development of last 1000 year

Incorporation  Osborne's "Concise Law Dictionary" defines incorporation as a "merging together to form a single whole; conferring legal personality upon an association of indi

Nemo Dat Quod Non Habet - Goods Therefore another common law maxim such applies to sale of goods is like "nemo dat quod non habet": whether a person cannot give such he does