New York Action by Unanimous Consent of Shareholders in Lieu of Meeting - Amending Bylaws
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FAQ
An Action by Unanimous Written Consent, also known as an Action Without Meeting (or simply, a unanimous written consent), is a document through which the Board of Directors of an organization decides to pass a specific corporate resolution (or resolutions) without having a face-to-face meeting.
Passing a special resolution without holding a meeting The resolution is considered as 'passed' when the last member signs (i.e. 100% of voting members agree to pass the resolution.)
A corporate resolution by which an action may be approved without a physical meeting of the directors/shareholders. The resolution is typically signed by each signer and then sent to the others for signature.
A Directors' Consent in Lieu of Meeting is a written consent for a corporation's specific action without having to arrange a board meeting. If they have previously agreed on passing a particular resolution, then using a written consent is a simple shortcut serving this purpose.
What is Consent of Directors in Lieu of Meeting? Any action taken by the Board at its scheduled meetings may be taken without a meeting, if all Board members sign a written consent to such action.
Section 615 - Greater requirement as to quorum and vote of members (a) The certificate of incorporation or a by-law adopted by the members may contain provisions specifying either or both of the following: (1) That the proportion of members, or of a class thereof, who shall be present in person or by proxy at any ...
A Shareholders' Consent to Action Without Meeting, or a consent resolution, is a written statement that describes and validates a course of action taken by the shareholders of a particular corporation without a meeting having to take place between directors and/or shareholders.
Resolution in lieu of meeting . A resolution in writing, signed by all the directors entitled to vote on that resolution at a meeting of directors or committee of directors, is as valid as if it had been passed at a meeting of directors or committee of directors.
