Maryland Call of Special Stockholders' Meeting by Stockholders
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FAQ
302 of the Act. (ii) Where the Board are obliged to call a General Meeting as a result of a requisition from shareholders. Shareholders representing at least 5% of the paid up share capital can require the company to call a General Meeting by following the procedure set out in s. 303 of the Act.
A shareholder may apply to a court for an order requiring the company to convene a meeting on a date, and subject to any terms, that the court considers appropriate in the circumstances.
Under section 61 of the Companies Act 71 of 2008 (Companies Act), only the board of a company, or any other person specified in the company's Memorandum of Incorporation (MOI) or rules, has the power to call a shareholders' meeting.
Delaware code provides that in general, only the BoD can call a special meeting: (d) Special meetings of the stockholders may be called by the board of directors or by such person or persons as may be authorized by the certificate of incorporation or by the bylaws.
Special meetings of the shareholders may be called for any purpose or purposes, at any time, by the Chief Executive Officer; by the Chief Financial Officer; by the Board or any two or more members thereof; or by one or more shareholders holding not less than 10% of the voting power of all shares of the corporation
The corporation can allow others to call a special meeting, such as the BoD Chair, CEO, or yes, shareholders.
Typically either the president or a majority vote of the board (or both) can call a special meeting. You need to give proper notice to members and, of course, you need a quorum to do business. The procedure should be spelled out in your bylaws.
Special meetings of the Board of Directors for any purpose may be called at any time by the President or, if the President is absent or unable or refuses to act, by any Vice President or any two Directors.
Who can call the meeting? An AGM can be called by two or more members who own at least 10% of the company's share capital.
A special meeting allows shareholders to remove the current board of directors and elect a new board.
