ADVOKS GLOBAL · KENYA
Companies Act
309. Application of Division to meetings of classes of members of company having no share capital
Edition: 2024-12-27 · In force
309. Application of Division to meetings of classes of members of company having no share capital
(1)Subject to subsection (2) and (3), Division 3 applies, with necessary modifications, to a meeting of holders of a class of members of a company having no share capital as it applies to a general meeting of the company.(2)Sections 277 to 280 do not apply to a meeting of class of members of a company having no share capital.(3)In addition to the sections specified in subsection (2), sections 292 and 295 do not apply to a meeting convened to pass a resolution to vary rights of a class of members of a company having no share capital.(4)The quorum for a meeting referred to in subsection (3) is—(a)for a meeting other than an adjourned meeting, at least two members of the class present in person or by proxy who together represent at least one-third of the voting rights of the class; and(b)for an adjourned meeting, one member of the class present in person or by proxy.(5)At such a meeting, any member present in person or by proxy may demand a poll.(6)For the purposes of this section—(a)any amendment of a provision contained in a company's articles for the variation of the rights of a class of members, or the insertion of any such provision into the articles, is itself taken to be a variation of those rights; and(b)a reference to the variation of rights of a class of members includes a reference to the abrogation of those rights.Division 5 — Additional requirements for general meetings of public companies