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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