单词 | Quorum |
释义 | 法定人數 Lat – of which or whom. The specified minimum number of members whose presence is necessary to validate the transactions of a meeting of members of a body. The quorum is composed by those actually present at a time and place when all should and might be present as opposed to an ad hoc meeting. See also Proxy; Trustee in bankruptcy. Bankruptcy - A meeting may not act for any purpose unless there are present or represented at the meeting at least three creditors entitled to vote or three contributories, or all the creditors entitled to vote or all the contributories, if the number of the creditors entitled to vote or the contributories, as the case may be, does not exceed three: Companies (Winding-up) Rules (Cap 32H) r 123(1); Re Hoi Sing Construction Co Ltd [2000] 2 HKC 805. This rule does not apply if the purpose of the meeting is the election of a chairman; the proving of debts; or the adjournment of the meeting: r 123(1). See also Creditor’s meeting; Proxy; Trustee in bankruptcy. Corporations - The number of persons who must be present at a company meeting before its proceedings can be valid. Articles of association usually fix the quorum necessary for the directors to act or provide that the quorum is to be fixed by the directors: Companies Ordinance (Cap 32) sch 1 table A pt I reg 101. If there is no provision in the articles relating to a quorum, two members personally present are a quorum: s 114A(1)(c). A resolution passed at a meeting at which there is no quorum is void: Re Cambrian Peat, Fuel and Charcoal Co Ltd, De la Mott’s Case and Turner’s Case (1875) 31 LT 773. The general right to have a quorum in a general meeting of a company could not be regarded as a class right attached to the shares of the minority shareholders: Manfield Coatings Co Ltd v Springfield Coatings Co Ltd [1995] 1 HKC 74 (HC). See also Board of directors; General meeting. Foreign relations - the minimum number of duly authorised participants required to be present for the valid conduct of proceedings. The constitutional charters of international organisations generally require a quorum of members before discussions may be commenced and decisions adopted. For example, decisions of the United Nations General Assembly on important questions must be made by a two-thirds majority of members present and voting: Charter of the United Nations 1945 art 18 para 2. See also General Assembly. 拉丁語 - 其中或誰。要使法團成員會議進行處理的任何事務有效,必須有指明的最起碼數目的成員出席會議。法定人數由所有應該及可能會在該時間及該地點出席(而不是臨時會議),而實際出席的人士組成。另見 Proxy; Trustee in bankruptcy。 |
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