149B. Appointment of directors by ordinary resolution

Question 1

149B. Appointment of directors by ordinary resolution

Answer 1

General overview
[149B.01] Previously, there was no provision in the Act to provide that a director may be appointed by an ordinary resolution passed at a general meeting. It is, however, common practice for companies to do so, although this practice has not been affirmed in the Act or in the previous Table A, Fourth Schedule.

Question 2

Ordinary resolution

Answer 2

[149B.02] Act No 36 of 2014 has now confirmed the practice to appoint directors by ordinary resolution passed at general meeting in s 149B. On the other hand, the constitution may always provide a different manner of appointing directors.