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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