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Alteration of Articles and Objects clause

  • 23-01-2010 12:30pm
    #1
    cotwold
    Registered Users, Registered Users 2 Posts: 950 ✭✭✭


    Can anyone tell me if any alterations of the articles of association and objects clause should be included in the the notice for an AGM? Cant find it in Courtney.


Comments

  • #2
    eagle_&_bear
    Registered Users, Registered Users 2 Posts: 328 ✭✭eagle_&_bear


    When we altered ours a few years ago, we published the agenda and listed number 2 as proposed motion to alter the memo/articles.

    We didnt actually put up the proposed alteration but you have to mention in the agenda that there is a motion to alter etc

    obviously you need 75% to do so, and file with the CRO within 21days etc


  • #3
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    You will need a special resolution to do so. See form G1 on the CRO website.


  • #4
    cotwold
    Registered Users, Registered Users 2 Posts: 950 ✭✭✭cotwold


    eagle_&_bear wrote: »
    When we altered ours a few years ago, we published the agenda and listed number 2 as proposed motion to alter the memo/articles.

    We didnt actually put up the proposed alteration but you have to mention in the agenda that there is a motion to alter etc

    obviously you need 75% to do so, and file with the CRO within 21days etc

    Well theoretically if I were to receive a notice for an AGM that doesn't contain the intended amendments to the articles or objects clause is it still valid? Where in the statutes does it stipulate the requirements for notice.


    Bond-007 wrote: »
    You will need a special resolution to do so. See form G1 on the CRO website.

    Thanks Bond had a look but it doesn't give much away. Do you know if the 75% of members needed to pass a special resolution is that in attendance or 75% of all members of the company.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    I imagine its 75% voting, with a quorum in attendance.


  • #6
    eagle_&_bear
    Registered Users, Registered Users 2 Posts: 328 ✭✭eagle_&_bear


    cotwold wrote: »
    Well theoretically if I were to receive a notice for an AGM that doesn't contain the intended amendments to the articles or objects clause is it still valid? Where in the statutes does it stipulate the requirements for notice.


    It would be valid because you would be under actual notice, or at the very least constructive notice of the intention to place before the general body a motion to alter/amend

    I know there is a section dealing with notice. I'll look it up


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  • #7
    cotwold
    Registered Users, Registered Users 2 Posts: 950 ✭✭✭cotwold


    Cheers eagle_&_bear, this has been wrecking my head and just can't find it in any of my books.


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