The Elective Regime Resolutions And Notice

The Elective Regime Resolutions And Notice
The Elective Regime Resolutions And Notice
The elective regime 175
325 What is the elective regime? 175
326 What are the elective measures? 175
327 Is the elective regime likely to be relevant to my company? 176
328 How do the members pass an elective resolution, and how
and when does it cease to have effect? 176
329 I am not in favour of the elective regime for my company.
Can I block it? 177
330 I have heard that the elective regime will be the norm for
all private companies and perhaps even made compulsory.
Is this correct? 177
331 Does the elective regime make it impossible to pay a dividend? 178
332 How do we appoint the auditors when the elective
regime applies? 178
333 How do we overcome the problem of directors retiring
by rotation? 178
CONTENTS
Resolutions 179
334 What determines what type of resolution is required for
a vote by the members? 179
335 How is a special resolution passed? 179
336 What types of business must be the subject of
special resolutions? 179
337 How is an extraordinary resolution passed? 180
338 What types of business must be the subject of
extraordinary resolutions? 180
339 What is an ordinary resolution and when is one needed? 181
340 When is special notice of an ordinary resolution
required and what are the procedures? 181
341 How is an elective resolution passed and how is a
resolution to cancel an elective resolution passed? 182
The Elective Regime Resolutions And Notice
342 What types of business may be the subject of
elective resolutions? 182
343 Can a resolution of the members be passed as
a written resolution? 183
344 I have heard that a decision may be taken as an informal
corporate act rather than by passing a resolution.
How does this happen? 183
345 Would you please summarise the required notice periods
for the different resolutions and also the majority of votes
cast in each? 184
346 Would you please explain what is meant by ‘clear days’? 184
347 What resolutions of members must be registered with
the Registrar of Companies? 185
NOTICE
General 186
348 Who has the authority to issue a notice convening a
meeting of members? 186
349 To whom should notices be sent? 186
350 What is the consequence if a notice is not sent to
someone entitled to receive a notice? 187
xxvi 501 QUESTIONS FOR COMPANY DIRECTORS AND COMPANY SECRETARIES
351 What is the position if there is an innocent error in
sending out the notices? 187
352 What are the requirements for notice to be given of an
adjourned meeting? 187
353 Is the notice that convenes a meeting relevant to establishing
whether or not it is an annual general meeting? 188
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