Section 322. Resolution requiring special notice

(1) Where special notice is required of a resolution under any provision of this Act, the resolution shall not be effective unless notice of the intention to move it has been given to the company at least twenty-eight days before the meeting at which it is moved.

(2) The company is not required to give notice of the proposed resolution received under subsection (1) to the members unless the resolution can be properly moved at a meeting of members required under this Act.

(3) The company shall, where practicable, give its members notice of any such resolution in the same manner and at the same time as it gives notice of the meeting.

(4) Where it is not practicable to give its members notice in accordance with subsection (3), the company shall give its members notice of any such resolution at least fourteen days before the meeting—

(a) by advertising it in one widely circulated newspaper in Malaysia in the national language and one widely circulated news paper in Malaysia in the English language; or

(b) in any other manner as specified in the constitution.

(5) If, after notice of the intention to move such a resolution has been given to the company, a meeting is called on a date twenty-eight days or less after the notice has been given, the notice although not given within the time required by this section is deemed to have been properly given.

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