#48814
scotlandx
Flatchatter

    The first step is there was no notice, which may invalidate the change, but that depends on the circumstances. You are required to put any proposed resolution on a notice of meeting.

    Ask for the minutes of the AGM and check the resolution for the by-law, if it wasn’t on the agenda, who moved the motion? What was the vote on it? (this should be recorded)

    A change to a by-law or a new by-law requires a special resolution, i.e. 75% of those voting at the meeting either in person or by proxy. The thing is, if someone gave a proxy and there was no notice of the proposed by-law change, how could a person giving the proxy give instructions?

    Finally – has the by-law been registered. If not it has no effect.