All sections · Part VI: Membership · Sub-Part III: Members Meetings and Resolutions
123 法院可以命令开会
(1) Das Gericht kann anordnen, dass eine Mitgliederversammlung in der vom Gericht bestimmten Weise einzuberufen, abzuhalten und durchzuführen ist, wenn es der Auffassung ist, dass –
(a) 由于任何原因,以本法或公司章程规定的方式召集或举行公司股东大会是不可行的;或
(b) 召开会员大会符合本会会员的利益。
(2) 根据第(1)款提出的减免申请可由公司的成员或董事提出。
(3) 法院可以根据它认为合适的条款,包括举行听证会的费用和这些费用的担保,根据第(1)款作出命令。
(4) 在作出这种命令的情况下,法院可以作出它认为合适的附属或相应的命令,并为此目的还可以作出应被视为会议的命令。
(a) 由于任何原因,以本法或公司章程规定的方式召集或举行公司股东大会是不可行的;或
(b) 召开会员大会符合本会会员的利益。
(2) 根据第(1)款提出的减免申请可由公司的成员或董事提出。
(3) 法院可以根据它认为合适的条款,包括举行听证会的费用和这些费用的担保,根据第(1)款作出命令。
(4) 在作出这种命令的情况下,法院可以作出它认为合适的附属或相应的命令,并为此目的还可以作出应被视为会议的命令。
Translation for information only. Only the English original is legally binding.
Original wording (English, legally binding): Court may order meeting
(1) The Court may order a meeting of members to be called, held and
conducted in such manner as the Court orders if it is of the opinion that
—
(a) it is for any reason impracticable to call or conduct a meeting of
the members of a company in the manner specified in this Act or
in the memorandum and articles of the company; or
(b) it is in the interests of the members of the company that a meeting
of members is held.
(2) An application for an order under subsection (1) may be made by a
member or director of the company.
(3) The Court may make an order under subsection (1) on such terms,
including as to the costs of conducting the meeting and as to the provision
of security for those costs, as it considers appropriate.
(4) Where such an order is made, the Court may give such ancillary or
consequential directions as it thinks expedient; and these may include a
direction that one member of the company present in person or by proxy
be deemed to constitute a meeting.
conducted in such manner as the Court orders if it is of the opinion that
—
(a) it is for any reason impracticable to call or conduct a meeting of
the members of a company in the manner specified in this Act or
in the memorandum and articles of the company; or
(b) it is in the interests of the members of the company that a meeting
of members is held.
(2) An application for an order under subsection (1) may be made by a
member or director of the company.
(3) The Court may make an order under subsection (1) on such terms,
including as to the costs of conducting the meeting and as to the provision
of security for those costs, as it considers appropriate.
(4) Where such an order is made, the Court may give such ancillary or
consequential directions as it thinks expedient; and these may include a
direction that one member of the company present in person or by proxy
be deemed to constitute a meeting.