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    Firefly1234's Avatar
    Firefly1234 Posts: 1, Reputation: 1
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    #1

    May 3, 2011, 01:47 AM
    Two Thirds Majority
    We have a meeting this evening to vote on a resolution. This resolution was set in place in 1995 - but not by a two thirds majority. It was still passed. First question - was the vote in 1995 legal as it wasn't the 2/3rds majority it should have been? Second question. The resolution is clearly written in law. Do we vote to revoke the resolution and need to have a 2/3rds majority to revoke, or do we revote on the resolution again, as written and need a two thirds majority to pass the resolution.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 3, 2011, 03:30 AM

    Who is we? You need to give more background here.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    May 3, 2011, 06:51 AM
    Quote Originally Posted by Firefly1234 View Post
    ... First question - was the vote in 1995 legal as it wasn't the 2/3rds majority it should have been? ...
    See the questions below. You have already told us that it needed 2/3 to pass, but if you are not sure, tell us more.

    Quote Originally Posted by Firefly1234 View Post
    ... The resolution is clearly written in law. Do we vote to revoke the resolution and need to have a 2/3rds majority to revoke, or do we revote on the resolution again, as written and need a two thirds majority to pass the resolution.
    What do you mean that it "is clearly written in law"? Cleary written as "easy to understand"? Doesn't matter. If it required a 2/3 vote and didn't get it, the resolution never happened, so you wouldn't revoke it; you would have to attempt again to adopt it. And if that vote needs a 2/3rds vote, so be it. Also, consider your quorum requirements: whether it is 2/3 of those present and voting, or 2/3 of those entitled to vote.

    Quote Originally Posted by ScottGem View Post
    Who is we? You need to give more background here.
    Doesn't this belolng in the Corporation Law sub-forum?

    I assume "we" is a corporation. We would have to know the jurisdiction (state if in the U.S.) in which the corporation is organized.

    We also should know whether you are talking about the board of directors or the shareholders.
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