[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> COMPANIES ACT (NORTHERN IRELAND) 1960

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 135

Extraordinary and special resolutions.

135.(1) A resolution shall be an extraordinary resolution when it has been
passed by a majority of not less than three-fourths of such members as, being
entitled so to do, vote in person or, where proxies are allowed, by proxy, at
a general meeting of which notice specifying the intention to propose the
resolution as an extraordinary resolution has been duly given.

(2) Subject to sub-section (3), a resolution shall be a special resolution
when it has been passed by such a majority as is required for the passing of
an extraordinary resolution and at a general meeting of which not less than
twenty-one days' notice, specifying the intention to propose the resolution as
a special resolution, has been duly given.

(3) If it is so agreed by a majority in number of the members having the right
to attend and vote at any such meeting, being a majority together holding not
less than ninety-five per cent. in nominal value of the shares giving that
right, or, in the case of a company not having a share capital, together
representing not less than ninety-five per cent. of the total voting rights at
that meeting of all the members, a resolution may be proposed and passed as a
special resolution at a meeting of which less than twenty-one days' notice has
been given.

(4) At any meeting at which an extraordinary resolution or a special
resolution is submitted to be passed, a declaration of the chairman that the
resolution is carried shall, unless a poll is demanded, be conclusive evidence
of the fact without proof of the number or proportion of the votes recorded in
favour of or against the resolution.

(5) In computing the majority on a poll demanded on the question that an
extraordinary resolution or a special resolution be passed, reference shall be
had to the number of votes cast for and against the resolution.

(6) For the purposes of this section, notice of a meeting shall be deemed to
be duly given and the meeting to be duly held when the notice is given and the
meeting held in manner provided by this Act or the articles.

© 1960 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/cai1960267/s135.html