(1) With respect to any question that may arise, during, or for the purposes of, any proceedings of a sub-fund or a class of members, as to whether any applicable requirement, whether arising under the instrument of incorporation of the ICAV concerned or otherwise, for -
(a) a resolution to be passed as an 'ordinary resolution' by that sub-fund or class, or
(b) a resolution to be passed as a 'special resolution' by that sub-fund or class,
has been satisfied, subsection (2) or, as appropriate, subsection (3) shall have effect.
(2) For the purposes of subsection (1)(a), a resolution passed by a simple majority of the votes cast by the members of the sub-fund or, as appropriate, of the class as, being entitled to do so, vote in person or by proxy at the general meeting concerned of the sub-fund or the meeting concerned of the class of members shall be regarded as an ordinary resolution.
(3) For the purposes of subsection (1)(b), a resolution passed by not less than 75 per cent of the vote
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