How can a company alter the majority required for a special resolution?

Prepare for the Professional Legal Training Course Company Law Exam with flashcards and multiple choice questions. Each question comes with hints and explanations for effective learning. Get ready for your exam!

A company can alter the majority required for a special resolution through specific procedures that align with corporate governance principles. The correct answer highlights that a company can indeed change the requirement by passing another special resolution or by obtaining unanimous consent.

To elaborate, a special resolution typically requires a higher majority, usually two-thirds or three-quarters of votes from shareholders, to pass. However, if the company decides to modify this inherent requirement, it can do so by proposing a new special resolution that explicitly states the new majority needed. The new proposal must be voted on and approved by the requisite number of shareholders, adhering to the principles of transparency and majority rule foundational to corporate governance.

Unanimous consent is another mechanism available, where all shareholders agree to the new terms without the need for a formal vote. By securing unanimous consent, the company can alter the majority required for future special resolutions, ensuring that all stakeholders are on board with the change.

In contrast, the other options would not suffice for changing the majority requirement effectively. For example, a decision made only by the board does not involve shareholder approval and might not meet the legal requirements necessary to effect such a change. Similarly, assuming a simple majority could alter the special resolution's requirement does not align with the established norms that

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy