What is a Resolving Clause and Why Is It Important in Law?
Definition & meaning
A resolving clause, also known as an operative clause, is a key component of a resolution. It is not simply an introductory statement or preamble. This clause typically starts with the phrase "Resolved, That..." and serves to introduce the main text of the resolution. In legal terms, it is similar to the enacting clause found in statutes, as it delineates the actions or decisions that are being formally adopted.
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Resolving clauses are commonly used in various legal contexts, including legislative resolutions, organizational bylaws, and formal agreements. They play a crucial role in civil law, corporate governance, and nonprofit organizations. Users can often manage these documents themselves with the help of legal templates, such as those provided by US Legal Forms, which are drafted by experienced attorneys.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A city council passes a resolution to allocate funds for a community project. The resolving clause states, "Resolved, That the city council approves the allocation of $50,000 for the park renovation project."
Example 2: A nonprofit organization adopts a resolution to support a local initiative. The resolving clause may read, "Resolved, That the board of directors supports the initiative to reduce homelessness in the community." (hypothetical example)
State-by-State Differences
Examples of state differences (not exhaustive):
State
Variation
California
Resolving clauses must be approved by a two-thirds majority in certain contexts.
Texas
Specific wording may be required in resolutions related to public funding.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Key Differences
Operative Clause
Another term for resolving clause.
None; they are synonymous.
Enacting Clause
Introduces the main provisions of a statute.
Used in legislative texts rather than resolutions.
Common Misunderstandings
What to Do If This Term Applies to You
If you need to draft or respond to a resolution, consider using templates available through US Legal Forms. These templates can help you create a legally sound document. If your situation is complex, it may be wise to consult with a legal professional for tailored advice.
Quick Facts
Typical use: Legislative and organizational resolutions
Key phrase: "Resolved, That..."
Similar terms: Operative clause, enacting clause
Key Takeaways
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FAQs
A resolving clause introduces the main text of a resolution and typically starts with âResolved, That...â
It is used in legislative resolutions, organizational bylaws, and formal agreements.
Yes, with the right templates, you can draft a resolution yourself.