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Resolution (law)


In law, resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be distributed outside the body after its adoption. An alternate term for a resolution is a resolve.

Resolutions are commonly used in corporations and houses of legislature.

In corporations, a written resolution is especially useful in the case of the board of directors of a corporation, which usually needs to give its consent to real estate purchases or sales by the corporation. Such a resolution, when certified by the corporation's secretary, gives assurance to the other side of the transaction that the sale was properly authorized. Other examples include resolutions approving the opening of bank accounts or authorizing the issuance of shares in the corporation.

When greater formality is desired, a motion may be made in the form of a resolution, which is always submitted in writing.

Houses of a legislature often adopt non-binding resolutions.

However, a legislature also uses resolutions to exercise one of its binding powers that isn't a lawmaking power. For example, the United States Congress declares war or proposes constitutional amendments by adopting a joint resolution. A house of a legislature can also use a resolution to exercise its specific powers, as the British House of Commons does to elect its Speaker or as the United States House of Representatives does to impeach an officer of the government.


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