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Hi Lionel,

Lionel Élie Mamane wrote:
On Wed, Dec 02, 2020 at 06:55:01PM +0100, Andreas Mantke wrote:
The Board of Directors at the time of voting consists of 7 seat
holders without deputies. In order to be quorate, the vote needs to
have 1/2 of the Board of Directors members, which gives 4.

as far as I know the statutes doesn't speak about a second vote of
the Chairperson here. The vote of the Chairperson is only deciding
in such case.

I don't understand what you mean by "only deciding". Clearly, the
statutes (Satzung) intend for the Chairperson (Vorsitzender) or his
Deputy (Stellvertreter)) to act as a tie-break. Else the sentence

 In the event of a tied vote, the chairman, or as a substitute the
 vice chairman, has the deciding vote.

 Bei Stimmengleichheit gibt die Stimme des Vorsitzenden, ersatzweise
 seines Stellvertreters den Ausschlag.

Is wholly without effect, as it can never have any effect in
practice. Can you please give a scenario where the fact that, in your
interpretation and understanding of the Statutes, the vote of
Chairperson being "deciding" leads to a decision that would not have
been reached without the "deciding" quality of the vote?

Yeah, I believe that was a misunderstanding. The quorum requirements
where clearly met; after that simple majority of those present, plus
tie-breaking rule applies. In a word, no need for a formal 4 votes in
favour.

Cheers,

-- Thorsten

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