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305. Written resolutions of private companies

Past version: effective from 14/06/2015 - 13/06/2015
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(1) In these Regulations a "written resolution" means a resolution of a private company proposed and passed in accordance with this Chapter.
(2) The following may not be passed as a written resolution unless the company is a sole member company:
(a) a resolution under section 158 (resolution to remove a director) removing a director before the expiration of his period in office, or
(b) a resolution under section 479 (resolution removing auditor from office) removing an auditor before expiration of his term in office.
(3) A resolution may be proposed as a written resolution—
(a) by the directors of a private company (see section 308 (circulation of written resolutions proposed by directors)), or
(b) by the members of a private company (see sections 309 (members' power to require circulation of written resolution) to 312 (application not to circulate members' statement)).
(4) References in any law or regulation applicable to the Abu Dhabi Global Market to—
(a) a resolution of a company in general meeting, or
(b) a resolution of a meeting of a class of members of the company,
have effect as if they included references to a written resolution of the members, or of a class of members, of a private company (as appropriate).
(5) A written resolution of a private company has effect as if passed (as the case maybe)—
(a) by the company in general meeting, or
(b) by a meeting of a class of members of the company,
and references in these Regulations, or any other law or regulation applicable in the Abu Dhabi Global Market to a meeting at which a resolution is passed or to members voting in favour of a resolution shall be construed accordingly.