Exceptions - quorum, Business Law and Ethics

Assignment Help:

EXCEPTIONS:

A valid meeting may be constituted by the presence of one person in the following cases:

(i)  If the meeting is an annual general meeting which was called by, or on the direction of, the registrar pursuant to S.131(2).  In such a case, the section empowers the registrar to direct "that one member of the company present in person or by proxy shall be deemed to constitute a meeting".

 (ii) If the meeting is one which has been called pursuant to a court order under S.135(1).  The section empowers the court to direct that "one member of the company present in person or by proxy shall be deemed to constitute a meeting".  This is illustrated by Re: El Sombren Ltd (88)

 (iii) If the meeting is a class meeting held pursuant to the provisions of the articles for the purpose of authorizing a variation of a right to those shares and all the shares are held by one member, as in East v Bennett Brothers Ltd(94).

 (iv) If the meeting is an adjourned meeting and the articles provide that "the member or members present shall be a quorum".


Related Discussions:- Exceptions - quorum

Determine the deciding factor with respect to legislature, Determine the de...

Determine the deciding factor with respect to legislature Party with most votes has been in control of the legislature, so the deciding factor with respect to legislature is th

What must the claimant show to succeed, What must the claimant show to succ...

What must the claimant show to succeed? The claimant should show the given issues, for a case to succeed: a. There was a duty of care. b. There was breach of such duty.

Special interest groups and policy decision, Special interest groups and po...

Special interest groups and policy decision Special Interest Groups, either of voters or the prospective contesters, play an important role in policy process, especially under

Rule in foss v harbottle, RULE IN FOSS v HARBOTTLE:  What has come to ...

RULE IN FOSS v HARBOTTLE:  What has come to be recognized in company law as "the rule in Foss v Harbottle" is the decision of Vice-Chancellor Wigram in the case of Foss v Harb

The restrictions imposed on locally incorporated banks, QUESTION (a) Th...

QUESTION (a) The new Guideline on Corporate Governance relates to the processes and structures that should be put in place in order to direct and manage the business and affair

Fitness for purpose - sales of goods, Fitness for Purpose - Sales of Goods ...

Fitness for Purpose - Sales of Goods However that goods such are bought for a particular purpose that are reasonably fit about that purpose:(S.16 (a))like Whether this conditi

Explain the difference between liquidation and receivership, QUESTION 1 ...

QUESTION 1 The principle of law set out in Salomon v Salomon & Co. Ltd is not always applied. Discuss when the judiciary or statutory provisions will not take into account of

Resolutions - meetings and resolutions, Resolutions: A meeting reaches...

Resolutions: A meeting reaches a decision by passing a resolution.  There are two kinds of resolution, ie. (a) an ordinary resolution which is carried by a simple majority

What is meant by the supremacy of parliament, Question: (a) Define dem...

Question: (a) Define democracy. How far is the famous saying of former president of USA, Abraham Lincoln valid today? (b) Argue the case for and against the introduction

What is the meaning of conciliation, (a) Section 63 of the Employment Rela...

(a) Section 63 of the Employment Relations Act provides as follows: "The parties to a labour dispute may jointly refer such dispute for voluntary arbitration to the Tribunal or

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