Which meaning corresponds to the word quorum? What are in-person and absentee forms of general meeting

The meaning of the word QUORUM in Ushakov’s Explanatory Dictionary of the Russian Language

QUORUM

quorum, m. (from the Latin expression: quorum praesentia sufficit - of which presence is sufficient). The number of people present at a meeting of the organization is sufficient to recognize it as valid. The meeting did not take place because there was no quorum. Check quorum.

Ushakov. Dictionary Russian language Ushakov. 2012

See what “QUORUM” is in other dictionaries:

- (quorum) The minimum number of people present at a meeting that is required for it to be considered valid. For a company, the required quorum at its meetings is specified in the articles of association. Finance. Dictionary. 2nd ed. M.: INFRA M, Ves Mir Publishing House.... ... Financial Dictionary

- (English). The number of members of any assembly necessary for the legality of a decision, especially in parliament. Dictionary of foreign words included in the Russian language. Chudinov A.N., 1910. QUORUM [lat. quorum (praesentia sufficit) of which (presence... ... Dictionary of foreign words of the Russian language

- (quorum) The minimum number of people present required for the decisions of a political body (legislature or committee) to be valid. In the British House of Commons, the quorum is 40 members of the House, in the House... ... Political science. Dictionary.

- (quorum) The minimum number of people present at a meeting, the presence of which is a necessary condition the legality of decisions made by the meeting. For a company, the quorum is indicated in its articles of association. Business. Dictionary. M.: INFRA M,… … Dictionary of business terms

QUORUM, quorum, husband. (from the Latin expression: quorum praesentia sufficit whose presence is sufficient). The number of people present at a meeting of the organization is sufficient to recognize it as valid. The meeting did not take place because there was no quorum.… … Ushakov's Explanatory Dictionary

quorum- The minimum number of people present at a meeting that is required for it to be considered valid. For a company, the required quorum at its meetings is specified in the articles of association. Topics finance EN quorum … Technical Translator's Guide

- (lat. quorum) the smallest number of members of an assembly at which it is considered legitimate and can make decisions. Determined either by some number, or percentage to the total number of members. In some cases, normal K. increases with... ... Legal dictionary

- (lat. quorum) the number of participants in a meeting or meeting established by law or the charters of public organizations, necessary for making legal decisions ... Big encyclopedic Dictionary

- (from the Latin quorum which is sufficient) the number of those present at the meeting necessary to recognize it as competent. Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B.. Modern economic dictionary. 2nd ed., rev. M.: INFRA M. 479 p.. 1999 ... Economic dictionary

QUORUM, ah, husband. (official). The number of participants in a meeting or meeting sufficient to recognize its competence. Full k. No quorum. Ozhegov's explanatory dictionary. S.I. Ozhegov, N.Yu. Shvedova. 1949 1992 … Ozhegov's Explanatory Dictionary

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The general meeting may be held in full-time, when the owners of premises attend a meeting in a specific place and at a specific time to discuss issues put to vote

In cases where the general meeting is held without the joint presence of the owners of premises in an apartment building, to determine the will of the owners on a particular issue, an absentee, written form of voting on the issues raised is used. The form of absentee voting is applicable when resolving any issues within the competence of the general meeting.

If the general meeting is held in absentia, the agenda items must be formulated in such a way that any owner can express his position by answering unambiguously. For example, options for resolving issues should be given.

It is impossible to answer questions such as determining the location of a playground or the frequency of garbage collection. They require additional discussion by the owners. Specific options for their solution will subsequently be put to a vote.

The decision of the general meeting of owners of premises in an apartment building, adopted in the prescribed manner Housing Code RF order is mandatory for all owners of premises.

What is a quorum at a general meeting of owners?

Quorum is the minimum required amount votes of owners, in which decisions taken at the meeting are considered valid. The legislative requirement for the competence of the general meeting of owners (quorum) is associated with the need for the presence at it of the owners of premises in an apartment building or their representatives holding more than 50% of the votes of the total number of votes of the owners.

In other words, the general meeting of owners of premises in an apartment building, as the management body of an apartment building, only has the right to make decisions on issues included in the agenda when, by the time it begins, such a number of owners have gathered that ensures compliance with the specified quorum requirement.

In case of absentee form, it is necessary to have an appropriate number of received written decisions of the owners.

In any case, in the absence of a quorum, the decision of the general meeting will not have legal force!

How to calculate the votes belonging to the owner?

The number of votes that each owner of a premises in an apartment building has at a general meeting of owners of premises in a given building is proportional to his share in the right of common ownership of the common property in that building.

Only by knowing the total area of all residential and non-residential premises belonging to all owners in an apartment building can one calculate the votes belonging to each of the owners participating in the meeting and determine the presence of a quorum.

For example, if the total area of residential and non-residential premises in an apartment building is 1000 square meters. m., then the share of the owner P., who owns an apartment in this house with a total area of 50 sq. m. m., as a percentage is equal to: (50x100) / 1000 = 5%, and if we take 1% of the total share of ownership equal to 1 vote, then the owner has 5 votes.

The votes belonging to other owners participating in the meeting are calculated in a similar way. The sum of votes belonging to those taking part in the meeting of owners must be more than half of all votes of the owners of the given house, since only in this case the general meeting of owners will be considered competent.

In order to reflect the number of votes with which a decision was made by members of a limited liability company, an indicator such as quorum is used. When the required number of participants for a quorum has not been gathered, the organization cannot hold a meeting of the founders. Below, we propose to consider in detail the question of what a quorum of a general meeting is.

Quorum is the number of meeting participants sufficient for this meeting to be competent to make decisions on issues on its agenda

Why is it necessary to hold a quorum meeting of LLC participants?

The term "quorum" is an abbreviation Latin word"quorumpraesentiasufficit." The literal translation of this word is “the presence of a quantity that is sufficient.” This term very difficult to explain in simple words, however we will try to do this. IN local acts Each company contains regulations establishing minimum threshold participants necessary for holding a meeting dedicated to the activities of the company. It is important to note that similar frameworks are contained in many legal acts on this topic.

Quorum is minimum quantity persons required for adoption important decisions that may affect the activities of the organization.

It should be mentioned that there are several different methods for calculating the total number of votes. The chairman of the meeting can take into account both the total number of people who attended the event and percentage persons present to total number members of the society. Every important question, related to production and on the agenda of the event in question, has a certain number of requirements regarding the number of participants in the meeting.

The procedure for conducting this event is regulated by the internal charter of the company or legislative acts. When holding a quorum, it is very important to take into account all the norms of current laws . Insufficient number of meeting participants deprives everything decisions made legal force. From this we can conclude that holding a meeting of participants of a limited liability company can only be done by making sure that required quantity person to make a decision. Some issues related to the activities of an LLC require the participation of more than half of the organization's participants. As a rule, the optimal value is two-thirds of the total number of founders and persons entitled to vote.

Before holding a meeting of members of a limited liability company, written notice is sent to all members entitled to vote. Within a certain period of time, participants need to register in a special register. After this, employees of the counting commission count the number of people who came to the meeting. If there are not enough people to hold a quorum, the meeting is postponed to another date. In addition, electronic accounting systems may be used to determine the presence of a quorum. Usage modern technologies significantly simplifies the process in question.

If there are not enough people to gather a quorum, the chairman of the meeting is obliged to reschedule the event to another date.

It is important to note that in some cases it is possible to make a decision without a quorum. However, this practice is observed only in foreign countries. In the United States of America, legislators can pass a bill without checking for a quorum . In our country, the procedure for making such decisions is regulated by law.. The current legal acts state that in order to make a lawful decision, the mandatory participation of all persons with the right to vote is necessary.

The quorum for holding a general meeting of LLC participants is determined by law or the charter of the company and is required to legitimize the decision of the general meeting

How to correctly draw up the minutes of a general meeting

Having considered the meaning of the word quorum, it is necessary to move on to a conversation about the rules for drawing up the minutes of the general meeting. Current laws allow the preparation of both a detailed and a short protocol, which records information about the issues on the agenda. The summary minutes reflect only information about the persons who spoke at the meeting, and full version document contains detailed information about all performances. Each organization has the right to independently choose the type of document. As a rule, such a decision is made by the event manager or agreed upon by all participants.

When taking minutes, you must adhere to the rules of office work. This type documents must be drawn up taking into account the current state standards. Any deviation from the established rules may cause the document to lose its legal force.

When drawing up the protocol, you must indicate the full name of the company. The abbreviation is indicated only after full name. In addition, it is necessary to make a note about legal form society. All the above data is taken from constituent documents companies. It is important to note that using an abbreviation instead of the full name legal entity, is blunder. When preparing the title of the protocol, you must indicate the type of meeting or the name of the body conducting the event. In the header of the document you must indicate:

Meeting type.
Place and time of the event.
Form.

The type of event deserves special attention. In this column you can indicate an annual meeting, a scheduled meeting, or an extraordinary event. Specifying any other type of meeting is not a mistake. IN current laws states that scheduled meetings must be held at least once during the year. IN next section it is necessary to record the form of negotiations. In some cases, company members are allowed to participate in meetings in absentia. In the next part of the document a note is made indicating the address of the meeting.

Finally, a list of persons who are required to sign the protocol is drawn up. In order to avoid possible errors When drawing up the document in question, it is necessary to carefully study the current regulations. Otherwise, control authorities will consider the document as an act that has no legal force.

Quorum Features

From all of the above, we can conclude that when holding a quorum, it is necessary to carefully adhere to the framework of the law. The company's charter must set out the rules according to which all important decisions regarding the company's activities are made.

According to Art. 181.2 of the Civil Code, a quorum of presence (that is, in person) requires participation in the meeting of at least half of the members of the LLC

General provisions

The Thirty-third Federal Law, dedicated to the activities of limited liability companies, contains information about all the rights and obligations of participants in the LLC meeting. The rules for holding such events are contained not only in this law, but also in the one hundred and eighty-second article of the Civil Code. These standards contain detailed information about the decisions that members of society can make. In addition, these laws provide information about the total number of votes required to make a valid decision.

We have already noted that in order to make important decisions it is necessary to collect a certain number of votes. Otherwise, the meeting will lose its legitimacy. The number of participants required to form a quorum is determined by the organization's charter and applicable laws. This policy of the authorities has a completely logical justification. In the absence of established frameworks, a small number of participants may make decisions with which the rest of society may not agree. It is for the purpose of adjusting this issue this limitation is used.

According to the rules set out in the one hundred and eighty-second article of the Civil Code, the decision of the members of the meeting is considered legitimate when more than fifty percent of the members of the LLC participate in this event. The fourteenth Federal Law provides a list of situations where, for adoption concrete solutions a legal number of participants is required.

Types of quorum

Quorum - what is it? In order to correctly answer this question, you should consider the list of issues that can be discussed during the meeting along with the required number of participants in the event to make a legitimate decision . According to the established rules, in order to make a decision on the reorganization of a company or its liquidation, 100% participation of all persons entitled to vote is required. These rules apply to issues related to the creation of a new representative office or branch. Issues related to changes in the rights and obligations of one or more members of society also require one hundred percent participation of all persons entitled to vote. Current laws state that all issues related to the financial resources and property of the company must be discussed by all persons on the management board.

For solutions the following questions sufficient presence of 2/3 of the participants from total number persons entitled to vote:

Making a decision to create an organization.
Drawing up the internal charter and making adjustments to it.
Conducting an assessment of property assets included in the authorized capital and changing the size of the authorized capital.
The decision to change the name of the organization and move it.

The quorum for making a decision at a meeting of owners must include at least fifty percent of the total number of persons entitled to vote. This number of participants is sufficient to make decisions that were not mentioned above. It is important to note that these thresholds were established by law. This means that the founders of the company cannot change the above values by making adjustments to the statutory documentation.

When determining the legitimacy of a meeting, the volume of votes of those present does not matter

Is it necessary to include a quorum provision in the company's charter?

Above we discussed the question of how many people are needed to hold a general meeting. These events are called “presence quorum”. As stated above, members of the public cannot change the above framework. Current legislation requires participants in the general meeting to comply with this procedure. It also needs to be said that the company’s management is allowed to increase the number of people needed to make various decisions.

The company's charter can be amended to require 100% participation of persons with voting rights in resolving all issues on the agenda. These may be issues related to the size of the authorized capital, the name of the company or its location. In this case, an upward change in quorum is allowed.

Possible consequences of decision-making in the absence of a quorum

So, as mentioned above, the meeting will take place if there is a quorum of more than fifty percent of the total number of persons entitled to vote. However, this rule is often ignored by many organizations. Some meeting members may not receive notification, and others may ignore the invitation to the event. According to the forty-third Federal Law, all decisions made with a number of votes less than the established value have no legal force. This means that the court does not recognize such decisions as legitimate. This position is enshrined in the fourteenth Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation.

It is also necessary to mention that there are certain regulations that set the threshold for the participation of the number of persons in the meeting. If the required number of people is not present during the meeting, then the management of the event must reschedule it to another date. However, the decision made may be recognized as lawful even in the absence of a quorum. To do this, it is necessary to confirm the decision at the next event, where the required number of people will take part. It is also allowed to make those decisions when the vote of the participant himself does not affect the final result. The only legal requirement is to respect the rights of other persons participating in the meeting.

Conclusions (+ video)

In this article, we discussed the concept of quorum and gave it a definition. When holding a meeting of a limited liability company, it is imperative to take into account all the requirements of the law. Otherwise, all decisions made will lose their legal force.