What percentage of shareholder votes is needed to consent to a scheme of reconstruction?

To consent to a scheme of reconstruction, a special resolution is required, which typically demands a majority of at least 75% of the votes cast by shareholders. This threshold is in place because a scheme of reconstruction often involves significant changes to the company structure or operations, affecting a large number of stakeholders. Achieving a 75% majority ensures that a substantial proportion of shareholders supports the proposed scheme, reflecting a broad consensus among investors.

The requirement for such a high percentage is rooted in the need to protect minority shareholders' interests, ensuring that any substantial changes are not imposed without considerable support from those holding shares. Such a measure helps stabilize company operations and instills confidence among the remaining shareholders in the decision-making process.

In contrast, a lower percentage, such as 50% or 25%, would allow for significant changes with minimal shareholder backing, which could lead to instability and issues of shareholder trust. A 100% requirement would be impractical, as it would mean that every single vote must be in favor, making it exceedingly difficult to achieve consensus in practice. Thus, a threshold of 75% strikes an appropriate balance between the need for broad support and the reality of shareholder voting dynamics.