LW Global Chapter 14 Questions Company Law: Meetings and Resolutions
14 Comments
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MD SALIM·
Sir, I can't understand question 2 and can't find the answer, please!
MD Salim Uddin
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roastedgrilledcheese·
Yes, could you explain question 2 please Sir?
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MikeLittleTutor·
100% consent is needed for an AGM with short notice. But for an other general meeting only 95% consent is necessary.
OK?
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roastedgrilledcheese·
thank you sir! :)
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Aashish·
sir i need to know when will 3rd AGM and 4th AGM will take place after end of 2nd AGM
Is it going to be 15 months after 2nd AGM
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MikeLittleTutor·
Yes, so long as those 3rd and 4rth meetings are held within the next calendar years
Where we have a meeting held on any date after 30 September in any year, the next meeting must be held on or before 31 December of the following year
OK?
M
MD SALIM·
Sir, I can't understand question 2 and can't find the answer, please!
MD Salim Uddin
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bich ngoc·
in Question 1, it mentions a private company -> so to remove an auditor , it should be a written resolution, am I right ?
as the answer is original resolution with special notice applies for public company .
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MikeLittleTutor·
Written resolutions cannot be used to remove a director nor an auditor! These people have to be given the opportunity to address the members at a general meeting and that right would be removed from them if it was available to remove them by written resolution
Worth remembering too that it is no longer a requirement for private companies to have an auditor but, if they choose to have one and now wish to remove the firm, any removal must be by ordinary (not 'original' as you have written) resolution with special notice
OK?
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MikeLittleTutor·
1st AGM within 18 months gets us to 31 October, 2016
2nd AGM within 15 months would get us to 31 January, 2018
BUT there has to be an AGM in each calendar year and, if the second AGM is delayed until 31 January, 2018, that means that there will not be an AGM held in 2017
Hence the answer must be that the latest date for the second AGM is 31 December, 2017
OK?
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Rohan·
Oh! Alright.. I misread the question and thought that 1 May 2015 is when they undertook their first AGM. Thanks for clearing my silly mistake.
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MikeLittleTutor·
You're welcome and remember ... RTFQ
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MohamedSupporter·
I had that in my mind, thank you for the clarification....
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Rohan·
Question No.4
As it is the second AGM for the company and calculating 15 months from 1 May 2015, the answer should be 31 October 2016 plus they will have to maintain an AGM every calender year. According to this test, its showing 31 December 2017 as the answer. Please correct me if I'm wrong.
MD Salim Uddin
OK?
Is it going to be 15 months after 2nd AGM
Where we have a meeting held on any date after 30 September in any year, the next meeting must be held on or before 31 December of the following year
OK?
MD Salim Uddin
as the answer is original resolution with special notice applies for public company .
Worth remembering too that it is no longer a requirement for private companies to have an auditor but, if they choose to have one and now wish to remove the firm, any removal must be by ordinary (not 'original' as you have written) resolution with special notice
OK?
2nd AGM within 15 months would get us to 31 January, 2018
BUT there has to be an AGM in each calendar year and, if the second AGM is delayed until 31 January, 2018, that means that there will not be an AGM held in 2017
Hence the answer must be that the latest date for the second AGM is 31 December, 2017
OK?
As it is the second AGM for the company and calculating 15 months from 1 May 2015, the answer should be 31 October 2016 plus they will have to maintain an AGM every calender year. According to this test, its showing 31 December 2017 as the answer. Please correct me if I'm wrong.