Companys articles - meetings and resolutions, Business Law and Ethics

Assignment Help:

Companys articles - meetings and resolutions:

The company's articles cannot deprive the members of the right to requisition a meeting under S.132 because the section requires the directors to proceed to convene a meeting on requisition "notwithstanding anything" in the company's  articles.  However, the section is defective in the sense that, although the directors are required to convene the meeting, they need not hold it within any particular limit of time.  They may therefore defeat the purposes of the section by calling the meeting for a date, say, six months ahead, provided they do so within the 21 day period.  In the event of their doing so the requisitionists cannot convene another meeting, as illustrated by Re: Windward Islands Enterprises (U.K) Ltd (1982).  The Jenkins Committee recommended that the requisitionists should be empowered to call the meeting themselves if the directors call the meeting to be held later than 28 days after the notice convening it was sent out.  The company's articles may also contain such a provision although the current Table A lacks one.

Section 135(1) provides that, if for any reason it is impracticable to call  or conduct  a meeting of a company in accordance with the articles or the Act, the court may, either of its own motion or on application by any director or any member entitled to voted at the meeting, order a meeting to be called, held and conducted in such manner as the court thinks fit.  Where the court makes an order, it may give such ancillary or consequential directions as it thinks expedient counting a direction that one member of the company present in person or by proxy shall be deemed to constitute a meeting.  The power of the court in this regard is illustrated by Re: El Sombrero Ltd (88).


Related Discussions:- Companys articles - meetings and resolutions

What is the meaning of policy convergence, What is the meaning of Policy Co...

What is the meaning of Policy Convergence Under representative democracy - the number of voter with each preferred policy proposal can be illustrated by a frequency distributio

Personal property security act, You act for Fred who is the secured lending...

You act for Fred who is the secured lending manager of BigBank. He has a troublesome customer, Macs Tires Pty Ltd. This is a family run tire business with three directors. The prin

Sale of goods, Sale of Goods However in US Law relating to the sale an...

Sale of Goods However in US Law relating to the sale and purchase of goods is such contained in the Sale of Goods Act like cap 31. Therefore the Act is a reproduction of Goods

Method of service - meetings and resolutions, Method of Service: Artic...

Method of Service: Article 131 provides that a notice may be given by the company to any member either personally or by sending it by post to him at his registered address or

State the principle of absolute immunity, Explain the principle of absolute...

Explain the principle of absolute immunity The absolute immunity principle gradually eroded and restrictive immunity approach was followed. However, many developing countries r

Business and company law, ali send an offer to bakar on 13/9/2010 by fax.on...

ali send an offer to bakar on 13/9/2010 by fax.on 14/9/2010 ali change his mind and revoke the offer by fax unfortunately bakar''s fax machine not working and ali call for bakar. b

condition precedent, What is a condition precedent? Provide me with an exa...

What is a condition precedent? Provide me with an example.

Consideration must move from the promise - law of contract, Consideration m...

Consideration must move from the promise - Law of Contract Conversely the rule that "consideration must move from the promisee" means such only a person who has personally giv

State article 2 of international law, State article 2 of International law ...

State article 2 of International law Article 2 states that there is no right of a State under international law to diplomatic relations; these exist by mutual consent. However

Determine the term - games nations play, Games nations play Game analog...

Games nations play Game analogy can be used to get the idea because the principal players, states reject any higher authority. Each state, take any player in a competitive game

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd