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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Private Ltd Company. AGM. 40 shares - some multi ownership.(1

Customer Question

Private Ltd Company. AGM. 40 shares - some multi ownership.(1 share per Dwelling).
Quorum in Articles = one third of members in person or proxy.
If no Quorum then" it shall stand adjourned to the same day in the next week at the same time and place, or to such other day and at such other time and place as the directors may determine and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting the members present shall be a quorum" Little hope of a quorum. Can directors wait half an hour or so after first attempt and then proceed with the AGM? Or what can be done?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

The way I read this is:

Alex Watts :

"it shall stand adjourned to the same day in the next week at the same time and place, (this has to be adjourned to the following week) or to such other day and at such other time and place as the directors (the Directors may agree another date/time) may determine and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting the members present shall be a quorum" - This reads that it must be adjourned to another time and date. Then at that time and date if no quorum is present then they have to wait half an hour.

Alex Watts :

What you could do is this, have the AGM at 7.00pm.

Alex Watts :

Then if no quorum present the Directors can adjourn the meeting until 7.30pm.

Alex Watts :

If still no quorum present they can wait until 8pm to start the meeting.

Alex Watts :

So it can be done on the same day but in effect you wait for 1 hour.

Alex Watts :

Can I clarify anything for you about this today please?

Expert:  Ash replied 3 years ago.
I have changed format, does this help?

Customer: replied 3 years ago.

I am totally confused. I rated an answer from you yesterday as excellent and paid. This may have been your first answer which I could not access previously. It was essentially the same question.JA were aware of the problem I had. Hope this is resolved OK.

Expert:  Ash replied 3 years ago.
Yes don't worry, it appears to have been duplicated. Thanks!