What is the second chance mechanism at general assemblies?
The second chance allows a second GA without quorum requirements if the first did not reach quorum.
The second chance (repêchage) mechanism in Belgian co-ownership law prevents deadlock when the attendance quorum is not met.
Principle: If the first GA does not reach quorum (50% + 1 of co-owners representing 50% + 1 of shares), a second GA may be convened with the same agenda. It may deliberate regardless of the number present.
Conditions:
- At least 15 days after the first GA
- Identical agenda
- The second GA convocation may be included in the first (conditional convocation)
- Voting majorities remain the same
Klarencia automatically detects the absence of quorum and prepares the re-convocation.
Legal references
Article 3.87 §4 Civil Code — Second GA (repêchage)
Related questions
What quorum is required for a general assembly?
The general assembly can only validly deliberate if certain quorum conditions are met.
What quorums are required for each type of majority in co-ownership?
Each decision at the general assembly requires a specific quorum and majority depending on its nature.
Disclaimer
The information provided is for informational purposes only and does not constitute legal advice. If in doubt, consult a qualified professional (solicitor, notary, accountant, or IPI-accredited professional syndic). Klarencia is a management tool and does not replace professional advice.