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Questions and Answers

Who can challenge a resolution breaching public order?

Only administrators and third parties with interest

Any shareholder, administrator or third party (correct)

Only shareholders who qualified as such prior to the resolution

Only quotaholders with 1% of share capital

What is the deadline to challenge a voidable agreement?

Six months from the adoption of the resolution

Five years from the recording of the agreement

40 calendar days from the adoption of the resolution (correct)

One year from the adoption of the resolution

Who has passive legal standing in challenging a resolution?

Always the company (correct)

Only the administrators of the company

Only third parties with interest

Only the shareholders with 1% of share capital

What is the purpose of a provisional caveat in the Companies House?

To provide injunction reliefs Signup and view all the answers

When does the term commence for challenging a recordable agreement?

From the recording of the agreement Signup and view all the answers

What is the percentage of share capital required for shareholders to support the resolution?

1% Signup and view all the answers

Where should the challenge be brought?

Before the First Instance Judge of the registered office Signup and view all the answers

What is the term to challenge a null-and-void agreement contrary to the law?

One year from the adoption of the resolution Signup and view all the answers

When can the suspension of the challenged agreement be requested?

When the challengers hold 5% of share capital Signup and view all the answers

What is the procedure for challenging a resolution?

Ordinary trial Signup and view all the answers