Companies Act 2014 section 990

Application of section 194 in relation to a DAC

Section 990 modifies how the majority written resolutions procedure applies to a Designated Activity Company (DAC), by allowing the DAC's constitution to override that procedure.

• Section 194 of the Companies Act 2014 permits companies to pass resolutions by majority written consent rather than holding a formal meeting.
• When section 194 applies to a DAC, the DAC's own constitution may restrict or exclude the use of majority written resolutions.
• This modification applies to both subsection (1) and subsection (4) of section 194, ensuring the constitutional override is consistent throughout the provision.
• If the DAC's constitution is silent on the matter, the standard majority written resolution procedure under section 194 remains available.