17. Decision-making and company meetings

Company Law ◽  
2018 ◽  
Author(s):  
Brenda Hannigan
Keyword(s):  
Decision Making ◽  
General Meeting

Shareholders typically exercise what powers they possess during the general meeting of the company, in the form of resolutions passed at such meetings. This chapter considers the mechanisms for meetings. The chapter also discusses voting entitlement, resolutions, meeting procedures, and the Duomatic principle.

scholarly journals Perlindungan Hukum Pemegang Saham Minoritas Perseroan Terbatas Tertutup dan Keadilan Berdasar Pancasila

SASI ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 199
Author(s):  
Mustaqim Mustaqim ◽  
Agus Satory
Keyword(s):  
Decision Making ◽  
Qualitative Data ◽  
Legal Protection ◽  
Limited Liability ◽  
Secondary Data ◽  
General Meeting ◽  
Voting Rights ◽  
Limited Liability Company ◽  
Minority Shareholders ◽  
Full Control

Legal protection for the majority shareholders is sufficiently guaranteed, especially through the mechanism of the RUPS, but this is not the case for minority shareholders, thus creating an injustice problem for minority shareholders. The purpose of this study is to uncover and find out legal protection for minority shareholders in a limited liability company based on Pancasila justice. This research is normative juridical so it uses secondary data with the law approach and qualitative data analysis. The results showed that the General Meeting of Shareholders did not reflect legal protection for minority shareholders, because in every decision making through the General Meeting of Shareholders and various other decisions based on the attendance quorum about the majority of votes present at the General Meeting of Shareholders. Such matter is detrimental to the interests of minority shareholders because without the presence of minority shareholders, a General Meeting of Shareholders can be held, while minority shareholders also have the same rights and obligations and responsibilities. The majority of shareholders hold a large and full control over the company, resulting in minority shareholders, there is no guarantee to get justice based on Pancasila justice. Therefore, the General Meeting of Shareholders must be held if attended by all shareholders with voting rights present or represented. If this is not the case, the results of the General Meeting of Shareholders may be canceled.

scholarly journals Shipwrecks in the Revolutionary and Napoleonic Eras, 1793–1815. Causal Factors and Comments

1999 ◽  
Vol 52 (2) ◽  
pp. 149-162 ◽  
Author(s):  
D. F. H. Grocott
Keyword(s):  
Decision Making ◽  
Presidential Address ◽  
General Meeting ◽  
Annual General ◽  
Weather Factors ◽  
Annual General Meeting ◽  
Causal Factors ◽  
Relevant Today ◽  
Lessons Learnt

In his Presidential Address at the 52nd Annual General Meeting of the Institute, held in London on 21 October 1998, Air Commodore Pinky Grocott gave an analysis of the causal factors that resulted in the loss of 913 large sailing ships during the period of the Revolutionary and Napoleonic eras (1793–1815). Navigation and weather factors predominated, often aggravated by poor and untimely decision-making. Many of the lessons learnt are equally relevant today.

scholarly journals USE OF DIGITAL TECHNOLOGIES IN VOTING AT THE GENERAL MEETING OF PARTICIPANTS (SHAREHOLDERS’) BUSINESS ENTITY

2020 ◽  
pp. 53-59
Author(s):  
E. V. Elnikova
Keyword(s):  
Decision Making ◽  
New Technologies ◽  
Digital Technologies ◽  
General Meeting ◽  
Evidence Base ◽  
Electronic Voting ◽  
Face To Face ◽  
Voting Procedures ◽  
The Right ◽  
Corporate Legislation

The article deals with issues related to the exercise of the right to participate in the General meeting of participants (shareholders) of economic companies through the use of digital technologies. The Russian corporate legislation provides for the possibility of voting at the General meeting using electronic means. The conclusion is made that it is necessary to expand the dispositive regulation, which provides corporations with more opportunities to determine the directions necessary for them to implement new technologies. The advantages of using electronic voting forms in joint-stock companies with a large number of shareholders are considered. The risks associated with the use of digital technologies when voting at the General meeting are highlighted. Attention is drawn to the need to develop ways to ensure the evidence base for the Commission member of the Corporation’s actions by voting in electronic form. It was suggested that the introduction of digital technologies in the voting procedures at the General meeting of participants (shareholders) leads to a gradual leveling of the differences between decision-making in face-to-face and absentee voting.

The managers’ decisions submitted to the approval of the general meeting: Review of Turkish Commercial Code regulations

2021 ◽  
Vol 3 (1) ◽  
pp. 8-16
Author(s):  
Işik Özer
Keyword(s):  
Decision Making ◽  
Limited Liability ◽  
General Meeting ◽  
Decision Making Process ◽  
Commercial Code ◽  
Turkish Commercial Code ◽  
Additional Costs ◽  
The Right ◽  
Made In

Article 625/2 of the Turkish Commercial Code (TCC), adapted from the Swiss Code of Obligations (Obligationenrecht 811, hereinafter referred as OR 811), allows managers to submit certain decisions and individual matters to the approval of the general meeting. This paper purports to reveal how this article could be interpreted and the regulations to be made in the agreements of limited liability companies in Turkish law. To do that, an interpretation of article 625/2 of TCC is developed. In addition, the effect of this article on the liability of the managers and the references made to articles 51 and 52 of the Turkish Code of Obligations (TCO) are explained. With a regulation added in the agreement of the company, the managers would either be required to submit or they would be free to choose to submit certain decisions and individual matters to the approval of the general meeting. Considering that the submission slows down the decision-making process and causes additional costs, granting the managers the right to choose becomes an important issue. However, the approval of the general meeting does not remove the liability of the managers. So when a lawsuit for liability is filed against managers, the approval of the general meeting may decrease the payment for compensation (articles 51 and 52 of TCO)

scholarly journals Impact of Gender inclusion in local government: A study based on Laltipur and Jhapa District

Patan Pragya ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 243-254
Author(s):  
Dipendra Bikram Sijapati ◽  
Govinda Subedi
Keyword(s):  
Decision Making ◽  
Local Government ◽  
General Meeting ◽  
Governance Structure ◽  
Division Of Labour ◽  
Decision Making Process ◽  
New Governance ◽  
Cross Sectional ◽  
Gender Inclusion ◽  
The Impact

This article focuses on the impact of gender inclusion in local government. This topic is based on gender inclusion theory, policy and programme of Nepalese government. This research examines the situation of knowledge of equal participation of female in decision making process, on policy and practices of local Government, and next is to understand the historical and patriarchal control over participation in decision making and influence of policy. It introduces to the Gender-aware approaches concerned with the manner in which such relationships are socially constructed; men and women play different roles in society, their gender differences being shaped by ideological, historical, religious, ethnic, economic and cultural determinants. It focuses on power relations and roles that challenges the existing women's subordination in the society. This research used in cross sectional descriptive and analytical research and all information is gathered and assessed on the issues- what and how they utilize resources benefits from local where the local people participate in different ways; what and how women use women's sectors fund and resources; how the social and cultural division of labour affecting in the decision making process in local government council and general meeting. Almost 90%respondents of study areas of both districts (Lalitpur and Jhapa) are affiliated political parties before they elected in local government. Almost 50 % people of both Jhapa and Lalitpur district have the knowledge of gender inclusion. The practice of implementation of the formulated policies - program is gradually increasing in local government but still takes time to implement completely, but it seems that there is lacking of an effective awareness campaign. Increasing local government authority over service provision is pursued in part to reduce the gap between citizens and government authorities, as local government is considered closer to constituents. Whether or not LGs are able to continue to provide and improve services and develop infrastructure will be critical to the success of the new governance structure.

scholarly journals PEMBERIAN KUASA LISAN UNTUK MEWAKILI PEMEGANG SAHAM DALAM RAPAT UMUM PEMEGANG SAHAM

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Darmawati Darmawati
Keyword(s):  
Decision Making ◽  
General Meeting ◽  
Voting Rights ◽  
Power Of Attorney ◽  
Limited Company

Power of attorney establishment accomodates and helps someone who is hindered to execute their rights and obligations directly. Those limitations can be solved by giving a power of attorney to other people as an endorsee. Giving a power of attorney can be done in writing or verbally. To proof a power of attorney which was given verbally is actually very difficult. Considering that a power of attorney by verbal is simpler, there is a lot of people who is doing so, with no exception is shareholders in a limited company who give a power of attorney verbally to someone to represent them in a General Meeting of Shareholder. An endorsee who receives a power of attorney verbally from shareholders, which is difficult to proof, will represent shareholders' voting rights in a General Meeting of Shareholder to fulfill meeting quorum and give voting rights in shareholders decision making.

scholarly journals Research on the Application of Blockchain Technology in the Field of Corporate Governance

2021 ◽  
Vol 275 ◽  
pp. 01064
Author(s):  
Liyuan Meng ◽  
Shaodong Xing
Keyword(s):  
Decision Making ◽  
Corporate Governance ◽  
New Technology ◽  
General Meeting ◽  
Annual General ◽  
Shareholder Voting ◽  
Annual General Meeting ◽  
Blockchain Technology ◽  
Voting Procedures ◽  
The Cost

The Annual General Meeting of Shareholders is considered to be a boring and mandatory annual ceremony. At present, its information, forum, decision-making functions, and voting procedures are all flawed. As a new technology, the introduction of blockchain can greatly reduce the cost of shareholder voting and company organization costs, improve the company’s decision-making efficiency and the transparency of voting and elections, and effectively solve the problems existing in the current annual general meeting of shareholders. The research in this paper provides an intelligent solution for the traditional inefficiency of corporate governance.

Discarding optimality: Throwing out the baby with the bathwater?

2018 ◽  
Vol 41 ◽  
Author(s):  
Patrick Simen ◽  
Fuat Balcı
Keyword(s):  
Decision Making ◽  
Perceptual Decision Making ◽  
Reward Rate ◽  
Perceptual Decision ◽  
Standard Observer ◽  
Rate Maximization ◽  
Reward Rate Maximization ◽  
Descriptive Standard ◽  
Observer Model

AbstractRahnev & Denison (R&D) argue against normative theories and in favor of a more descriptive “standard observer model” of perceptual decision making. We agree with the authors in many respects, but we argue that optimality (specifically, reward-rate maximization) has proved demonstrably useful as a hypothesis, contrary to the authors’ claims.

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