The Compendium

A Comprehensive Companion for All in the Insolvency and Restructuring Profession

Order

A court order records an official judgment or way forward, as agreed by a Judge.

A court order can be final (at the end of a hearing) or interim (which is in place until a final order can be made). What is in the order depends on the case presented to the judge and what evidence is necessary for just determination of the particular case.

An example is an Administration Order, which can be ‘interim’ and ‘final’.

[See ‘Administration’.]

Ordinary Resolution

An ordinary resolution is defined under company law, and the prerequisites for such a resolution are set out in the Companies Act 2006.

This resolution is passed by the shareholders/members at a general meeting, having had an agenda placed before it. Ordinary resolutions are required for certain actions of a company, such as appointing a Liquidator and agreeing the basis of a Liquidator’s fees.

The minimum notice required to call a general meeting before which an ordinary resolution will be placed is 14 days (although this minimum notice period can be shortened if 90% of all members of a limited company agree to do so, or 95% of the members of a public limited company).

In order to pass an ordinary resolution there needs to be more than 50% of those who are entitled to attend the meeting in person or by proxy (a person elected to attend in the place of the shareholder) voting in favour of it. This is a ‘simple majority’; ie more than 50%.

[See ‘Limited’, ‘PLC’, ‘Liquidator’, ‘Proxy’ and ‘Shareholder’.]

Owner Manager

An owner manager is a person who both owns the company (as a shareholder/ member) and manages it (as a director).