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special resolutions

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › special resolutions

  • This topic has 5 replies, 2 voices, and was last updated 4 years ago by MikeLittle.
Viewing 6 posts - 1 through 6 (of 6 total)
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  • March 27, 2019 at 4:43 pm #510617
    lauramoreno
    Member
    • Topics: 28
    • Replies: 18
    • ☆

    do special resolutions at ‘other general meeting’ require 21 or 14 days notice? According to my notes is 14 but there is a question in the mock exam that is 21.

    Thanks,

    March 27, 2019 at 5:42 pm #510631
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22830
    • ☆☆☆☆☆

    The notes are correct

    At the time of writing those questions, the notice period WAS 21 days but that has been reduced to 14

    The notes are correct, the answer to the questions should be 14

    This is a task that I am currently engaged upon – updating the law material but thank you for reminding me

    OK?

    March 28, 2019 at 3:34 pm #510712
    lauramoreno
    Member
    • Topics: 28
    • Replies: 18
    • ☆

    Thanks. And is it changing for an AGM does the notice for AGMs stays on 21?

    I will use this question to ask about something else. Can you let me know if I’m correct with the following:

    -The appointment of new directors/auditors is ordinary business with special notice and the re-appointment of directors/auditors is just ordinary business.

    -The appointment of directors/auditors that were appointment mid way through the year, is that ordinary with special notice?

    – Is a reduction in the proposed dividends ordinary business?

    Thanks,

    March 28, 2019 at 4:24 pm #510717
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22830
    • ☆☆☆☆☆

    Public company agms still require 21 days’ notice

    The appointment of new directors is NOT ordinary resolution with special notice. It’s just ordinary resolution but it is special business because it’s not ordinary business (it’s not the ‘ordinary’ business of the RE-appointment of directors retiring by rotation). So the appointment of NEW directors is ordinary resolution, not special notice, but IS special business

    The reappointment of directors appointed mid-way is ordinary resolution, not spcial notice, but IS special business

    The reappointment of auditors appointed mid-way is ordinary resolution, IS special notice and IS special business

    A reduction of the proposed dividend IS ordinary business but the increase of the proposed dividend cannot take place at that meeting and must be approved after proper notice has been given for the required adjourned meeting

    OK?

    March 28, 2019 at 6:17 pm #510725
    lauramoreno
    Member
    • Topics: 28
    • Replies: 18
    • ☆

    Thanks, that’s better. So according to auditors, in my notes I have that#;

    -Appointment of a new auditor and appointment an auditor appointed by the director in the mid-term to a casual vacancy are ordinary resolution with special notice, is that right? what about re-appointment of auditors?

    March 28, 2019 at 6:25 pm #510728
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22830
    • ☆☆☆☆☆

    There are 4 ‘auditor’ resolutions that require special notice

    Reappointment of mid-term auditors
    Appointment of auditors different from the ones that have just completed the current year
    Appointment by the members of mid-term auditors
    Removal of existing auditors mid-term

    So the first two of these coincide with the two that you have mentioned

    OK?

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