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Resolution (law)

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A resolution is a formal motion adopted by a deliberative body. A deliberative body is a group of people who meet to discuss and make decisions. This might be a board of directors for a large company. It could also be a house within a government legislature. In many settings, a resolution is also called a resolve. It serves as an official record of a group's decision or intent.

In the world of business, resolutions help organizations function with legal clarity. A board of directors often uses written resolutions to provide consent for major actions. For example, a corporation may need a resolution to buy or sell real estate. A company might also use them to authorize the opening of bank accounts. They can even be used to authorize the issuance of corporate shares. When a company secretary certifies a resolution, it provides assurance to others. This proves that the transaction was properly authorized by the group.

Legislative bodies use resolutions to perform many different functions. In the United States, there is a technical distinction between terms. A resolution is a proposal that is made in writing. In contrast, a motion is a proposal that is made verbally. While some resolutions are used to create laws, many are not. These are known as non-binding resolutions. They do not have the power to become actual laws.

Non-binding resolutions are often used to express the opinion of a group. A legislature might use them to show approval or disapproval of a specific issue. This happens when the group cannot vote on the matter directly. For instance, the matter might be handled by a different jurisdiction. Or, the subject might be protected by a constitution. A common example is a resolution of support for troops in battle. Such a measure carries no legal weight, but it offers moral support.

Other resolutions are much more powerful and are known as binding. A legislature can use resolutions to exercise specific powers that are not lawmaking powers. For example, the United States Congress uses a joint resolution to declare war. They also use joint resolutions to propose amendments to the Constitution. In the United Kingdom, the House of Commons uses resolutions to elect its Speaker. In the United States, the House of Representatives uses them to impeach government officers.

17750324 Resolution - In Provincial Congress - John Hancock - The Virginia Gazette
17750324 Resolution - In Provincial Congress - John Hancock - The Virginia Gazette

Resolutions can be categorized by what they actually govern. Substantive resolutions apply to essential legal principles and rules of right. These are analogous to substantive law. On the other hand, procedural resolutions deal with the methods and means of administration. They focus on how substantive items are made and managed. This distinction helps organizations separate their core rules from their daily processes.

History provides many notable examples of resolutions that shaped society. The Kentucky and Virginia Resolutions are famous historical instances. The United Nations also uses resolutions through its General Assembly and Security Council.

17750324 Resolution - In Provincial Congress - John Hancock - The Virginia Gazette
17750324 Resolution - In Provincial Congress - John Hancock - The Virginia Gazette

One historical document is a March 24, 1775 resolution from the Massachusetts Provincial Congress. Signed by John Hancock, it called for a complete state of defense. This occurred just weeks before the battles of Lexington and Concord. These examples show how resolutions can signal major shifts in political or social direction.

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