Q&As

Can a private company limited by shares change the percentage by which a special resolution is passed? If so, how?

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Published on LexisPSL on 24/05/2016

The following Corporate Q&A provides comprehensive and up to date legal information covering:

  • Can a private company limited by shares change the percentage by which a special resolution is passed? If so, how?

Any provision in a company's articles that purports to change the threshold of a resolution so that it can be passed more easily with an approval level that is lower than that which is stated in the Companies Act 2006 (CA 2006) will be invalid unless the CA 2006 expressly permits it (eg the CA 2006 permits a company to change its name by special resolution or by other means provided in the company's articles).

Conversely, it will be acceptable for a company's articles to include a higher threshold than required by the CA 2006 (to make it more difficult to pass a resolution). The inclusi

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