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A Notice of Meeting is document used to notify certain persons of a scheduled meeting. It can be used for regular (annual) or special meetings of the stockholders or board of directors of a stock corporation or the members or board of trustees of a non-stock corporation.
A Notice of Meeting informs the recipient of the date, time, and place of the meeting. If the meeting is for the stockholders or members of the corporation, the meeting should be held in the city or municipality where the principal office of the corporation is located. If practicable, it should be held in the principal office of the corporation. If the meeting is for the board of directors or the board of trustees, the meeting may be held anywhere in or outside of the Philippines, unless the by-laws of the corporation provides otherwise.
How to use this document
The user will be asked to choose the type of meeting that will take place. Thereafter, the user will enter the name of the corporation, the name of the person who will sign the notice and the date when it will be signed. The notice is usually signed by the Corporate Secretary. The user will also be asked to enter the date, time, and place of the meeting.
The user should also enter the details of the agenda of the meeting. The agenda usually includes the schedule of the meeting and the purpose. The user could include the reports that will be presented, items that need to voted on, as well as proposed resolutions.
If the meeting is for the board of directors or the board of trustees of the corporation, the names of the directors or trustees and other attendees will be asked.
If the meeting is for stockholders or members of the corporation, the user will be asked whether there will be a deadline for submitting proxies. Proxies are documents that authorize a representative to attend and vote on behalf of the stockholder or member.
The user can also choose to enumerate the types of proof of identification that will be accepted for attending the meeting.
If the meeting for the stockholders of the corporation, the user can also indicate whether there will be a record date. A record date is the cut-off date established by the corporation to determine which stockholders are entitled to notice and to vote.
Once the document is completed, it should be printed and signed by the person indicated as the signatory. A paper with the company logo can be used. Once signed, the notice should be sent to all person entitled to be notified under the by-laws of the corporation.
Under the Corporation Code, the written notice for regular meetings of stockholders or members should be sent at least two (2) weeks prior to the meeting, unless a different period is required by the by-laws while the written notice for special meetings should be sent at least one (1) week prior to said meeting. If the meeting is for the board of directors or board of trustees of the corporation, the written notice should be sent at least one (1) day prior to the scheduled meeting, regardless of whether the meeting is regular or special.
The notice should be sent to the registered address of each person by regular postal mail unless the by-laws provide other means of sending the notice.
The Corporation Code of the Philippines, among other laws, provides the general rules for notices for meetings of corporations. However, the by-laws of the corporation may also provide rules specific to the corporation. Opinions from the Securities and Exchange Commission may also be referenced for the interpretation on the application of the rules provided by the different applicable laws.
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