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CS Professional · CSR and Social Governance · Model Code for Meetings of Non-Corporate Entities

The bye-laws of a charitable trust with 200 members say the secretary must call a special general meeting within 21 days if members holding at least one-fifth of the total membership submit a written requisition stating the business. Thirty members submit such a requisition. What is the position?

The requisition is not valid. One-fifth of 200 members is 40, while only 30 members, or 15%, signed it, so the secretary is not bound to call the special general meeting within 21 days, and the requisitionists cannot call it themselves.

  1. AThe requisition is valid, since more than 10% of members have signed
  2. BThe requisition is invalid, as 30 members is only 15%, below one-fifth (40 members)Correct
  3. CThe secretary must call the meeting because any written requisition binds him
  4. DThe requisitionists may themselves call the meeting immediately

Explanation

One-fifth of 200 members is 40. Thirty members is 15%, which is below the threshold, so the requisition does not oblige the secretary to call the meeting. The requisitionists' right to call the meeting themselves arises only after a valid requisition is ignored.

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