{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil-procedure:2015:article:324","workId":"law:eri:code:civil-procedure:2015","expressionId":"law:eri:code:civil-procedure:2015:en","title":"Setting Aside of Resolution","number":"324","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/324/","hierarchy":{"book":"BOOK V — SPECIAL PROCEDURE AND PROVISIONAL OR INTERLOCUTORY MEASURES","title":"TITLE II — SPECIAL PROCEDURES","chapter":"Chapter 2. — Special Cases"},"paragraphs":[{"id":"p1","number":"1","text":"An application to set aside a resolution shall be accompanied by a copy of such resolution and of the memorandum and articles of association of the body corporate concerned.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/324/#p1","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":173,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/173/?article=324&paragraph=p1#article-324-p1"}]},{"id":"p2","number":"2","text":"Where the court considers that judgment cannot be given on the application, it shall cause a copy thereof to be served on the corporate body concerned, the directors and auditors of which shall be required to file within fifteen days a written reply showing cause why the resolution should not be set aside.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/324/#p2","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":173,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/173/?article=324&paragraph=p2#article-324-p2"}]},{"id":"p3","number":"3","text":"Where such reply is not filed or such cause is not shown, the court may order the resolution to be set aside.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/324/#p3","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":173,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/173/?article=324&paragraph=p3#article-324-p3"}]},{"id":"p4","number":"4","text":"The provisions of this Article shall apply by analogy to applications concerning resolutions expelling an associate, decisions made by the committee of management of an endowment, schemes of distribution of profits, final balance sheets and, generally without prejudice to such other provisions of this Code as may be applicable in any particular case, to objections made by the creditors of a trader.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/324/#p4","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":173,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/173/?article=324&paragraph=p4#article-324-p4"}]}],"caution":"This is the English-language edition published in 2015 and attributed in its front matter to the Ministry of Justice. Refworld labels it an unofficial translation. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force."}