Also known as: written consents · consent in writing
Written by attorneys · grounded in primary & secondary sources — see below
A signed document by which a party expresses approval for an action affecting its rights or interests. The writing must identify the consenting person and the action approved. It binds the signer when delivered to the appropriate recipient.
Select any source to read its text and confirm it supports the definition.
Winona Walsh sued Woodridge Manufacturing for breach. After the answer arrived, Winona wanted to add a fraud count. Woodridge signed a short document stating it consented to the amendment. Winona filed the amended complaint with the signed document attached, and the court accepted the filing without further leave.
Whitney Washington and Wallace Webb owned a vacation cabin acquired during marriage. They signed a document stating the cabin would become Wallace's individual property. After the document was delivered to their records, the cabin was treated as Wallace's separate asset in later financial statements.
Wolverine Steel's shareholders needed to fill two board vacancies. Instead of calling a meeting, every shareholder signed a document electing the two nominees. The signed documents were delivered to the corporate secretary, and the new directors took office without any annual meeting.
Wilma Wright received a settlement check after a fire damaged her separately owned warehouse. She and her spouse signed a document directing that the entire recovery remain her individual property. The document was recorded with their marital property records, so the funds were not treated as mixed property.
Winterhaven Logistics shareholders wanted to remove one director. Holders of 62 percent of the shares signed a document removing the director. Because cumulative voting was not in play and the articles required only a majority, the removal became effective upon delivery even though not every shareholder signed.
Wanda Weaver proposed a slate of directors for the upcoming election. Each nominee signed a document consenting to serve if elected. Wanda included those signed documents with her nomination notice, satisfying the bylaw requirement that every proposed candidate provide written consent.
No. In some corporate contexts a majority or supermajority of voting shares may suffice when the governing statute or articles permit less-than-unanimous action. In other settings, such as board action without a meeting, every director must sign. The requirement depends on the specific statute or agreement involved.
Yes. Corporate statutes commonly allow shareholders or directors to act without a meeting when the required number of written consents is obtained and delivered. The consents must describe the action taken and be signed by the necessary parties.
…of a customer's securities if hypothecated securities would be commingled with the securities of another customer, absent written consent); § 240.15c2-3 (prohibiting transactions by broker-dealers in unvalidated German securities); § 240.15c2-4 (prohibiting broker-dealers from accepting any part of the sale price of a…
…all alterations and additions, however, at once to become the property of the lessor. The lease might not be assigned without written consent. Morton H. Meinhard was a woolen merchant. At some period during the negotiations between Mr. Salmon and Mrs. Gerry, so far as the findings show without the latter’s knowledge, he became…
…December 30, 1987, Blasius caused Cede & Co. (the registered owner of its Atlas stock) to deliver to Atlas a signed written consent
…notice of nomination: [T]he proposed nominee’s name, the principal occupation or employment of each such nominee, the nominee’s written consent
…payments of the purchase price, and also that the furniture should not be removed from the plaintiff’s residence without the written consent
The consent is ineffective because each signer must approve the precise action described. Variant or incomplete forms delivered together do not satisfy the requirement that every participant sign a document describing the same transaction.
Many bylaws require the proposed nominee to sign a written consent to nomination and to serving if elected. The consent must accompany the shareholder's nomination notice.
A signed document can reclassify what would otherwise be marital property as one spouse's individual property or can preserve the individual character of a damage recovery. The document must be delivered and is enforceable against the signing spouse.