Section 137:
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
137. Appointment of directors to be voted on individually
(1) Subject to the constitution of the company, the shareholders of a
company shall not vote on a resolution to appoint a director of the company
unless—
(a) the resolution is in respect of the appointment of one director; or
(b) where the resolution is a single resolution for the appointment of
2 or more persons as directors of the company, a separate resolution that it be so voted on has first been passed without a vote
being cast against it.
(2) A resolution in contravention of subsection (1) shall be void even
though no objection was taken at the time it was passed.
(3) Subsection (2) shall not limit the operation of section 141.
(4) No provision for the automatic reappointment of retiring directors in
default of another appointment shall apply on the passing of a resolution in
contravention of subsection (1).
(5) Nothing in this section shall prevent the election of 2 or more directors by ballot or poll.
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Questions this section answers
- Must shareholders vote on each director's appointment separately?