Part 13Resolutions and meetings

Chapter 1General provisions about resolutions

281Resolutions

(1)

A resolution of the members (or of a class of members) of a private company must be passed—

(a)

as a written resolution in accordance with Chapter 2, or

(b)

at a meeting of the members (to which the provisions of Chapter 3 apply).

(2)

A resolution of the members (or of a class of members) of a public company must be passed at a meeting of the members (to which the provisions of Chapter 3 and, where relevant, Chapter 4 apply).

(3)

Where a provision of the Companies Acts—

(a)

requires a resolution of a company, or of the members (or a class of members) of a company, and

(b)

does not specify what kind of resolution is required,

what is required is an ordinary resolution unless the company's articles require a higher majority (or unanimity).

(4)

Nothing in this Part affects any enactment or rule of law as to—

(a)

things done otherwise than by passing a resolution,

(b)

circumstances in which a resolution is or is not treated as having been passed, or

(c)

cases in which a person is precluded from alleging that a resolution has not been duly passed.