A Shareholders Resolution is a crucial corporate governance document used in Malta to formally document decisions made by company shareholders. This type of document is required under the Maltese Companies Act (Cap. 386) for various corporate actions, ranging from routine matters to significant company changes. The resolution can be passed either during a general meeting or through written means, provided it complies with the company's articles of association and Maltese law. Shareholders Resolutions may be ordinary (requiring a simple majority) or extraordinary (requiring a higher percentage of votes), depending on the nature of the decision being made. They are particularly important in Malta's corporate environment, where proper documentation of company decisions is essential for regulatory compliance and corporate governance. The document serves as legal evidence of shareholder decisions and may need to be submitted to various authorities, including the Malta Business Registry.
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1. Title and Company Details: Full legal name of the company, registration number, and registered address
2. Date and Type of Resolution: Date of the resolution and specification of whether it is an ordinary or extraordinary resolution
3. Attendance and Quorum: Record of shareholders present/represented and confirmation of meeting quorum requirements
4. Preamble: Brief introduction stating the purpose of the resolution and any relevant background information
5. Resolution Text: Clear and precise wording of the actual resolution(s) being passed
6. Voting Results: Record of how the vote was conducted and its outcome
7. Certification: Statement certifying the resolution's passing, typically signed by the company secretary or chairman
1. Recitals: Additional background information when complex context needs to be explained
2. Legal Authority: Reference to specific articles of association or law provisions when dealing with special matters
3. Conditions Precedent: Any conditions that must be met before the resolution takes effect
4. Implementation Instructions: Specific directions for implementing the resolution's decisions
5. Authorizations: Specific powers granted to directors or officers to implement the resolution
6. Proxy Details: Information about proxy appointments when shareholders are represented by others
1. Share Transfer Details: Schedule detailing share transfers if the resolution involves share transactions
2. Director Information: Details of new directors if the resolution involves director appointments
3. Asset Details: Description of assets if the resolution involves asset disposal or acquisition
4. Supporting Documents: Copies of relevant documents referenced in the resolution
5. Proxy Forms: Copies of proxy forms used for the meeting
6. Voting Record: Detailed breakdown of votes cast if multiple resolutions or complex voting occurred
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