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Company meetings make decisions by passing resolutions. Kenyan company law recognizes three types of resolutions namely:
- Ordinary resolution
- Resolution requiring special notice
- Special resolution.
- Ordinary Resolution: The Companies Act does not define it.
- This is a resolution that requires simple majority to pass.
- It need not be set out in the notice of the meeting and is generally not registerable. Business of the company requiring an ordinary resolution include:
-Adoption of accounts
- Declaration of dividend
- Appointment of auditors
- Election of directors
- Increase of capital
- Special Resolution
- This is a resolution created by Section 141 of the Companies Act.
-It must be supported by a qualified majority of not less than 75% of all members present and voting in person and proxy.
- Must be set out in the notice of the meeting.
- Notice of intention to pass it as a special resolution must be given.
- Generally passed by meetings convened by a 21-day notice.
- A copy thereof must be delivered to the registrar for registration within 30 days thereof.
marto answered the question on February 6, 2019 at 08:14
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