Company Meeting - Extraordinary General Meeting(EGM)

Table A Article 43 of Article of Associations defined EGM as a general meeting other than AGM. Board of directors has powers to call for a EGM- Article 44 Table A. 2 or more members holding at least 1/10 of total voting shares can requisite BOD to convene an EGM- section 144(1). Then BOD is required to convene the meeting within 21days of requisitions.

Under section 145(1) If BOD did not convene the meeting, shareholders can hold the EGM within 3 months of requisition, but the expenses incurred for the meeting shall be bear by shareholders. Therefore, this section is rarely been used by members. The calling of EGM by members must be for a proper purpose- Humes Ltd v. Unity APA co Ltd. Notice must be sent to members within 14 days.

If a special resolution is to be passed by members, it must be in writing and sent to all members within 21 days of EGM. Court can order for a GM if it is impracticable to call for a meeting, eg: lack of quorem, refusal by directors and non-attendance. (Leong Ah Hong v. Hup Seng Co. Ltd)