Legal Question in Business Law in United Kingdom
UK Company Law
Dear Sirs. Under UK Company Law is it lawful for the Chairman of the Board of Directors of a Company Limited by Guarantee, who has no powers under the Constitution other than a casting vote, to cancel a Board Meeting without consulting every other Member of the Board? Thank you.
1 Answer from Attorneys
Re: UK Company Law
At law the power to adjourn a meeting once called normaly vests in the meeting itself rather than any individual. However there are a number of specific situations where it has been recognized that a chairman has authority to adjourn a meeting.
It first needs to be determined if the power to adjourn a meeting is conferred on the Chairman by the articles of association or other regulations of the company.
If a meeting would clearly be inquorate the chairman's adjournment would not be overuled but once the meeting has been called it must be held at some point.
Most company's articles will include a power for a director to call a director's meeting.
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