Legal Definitions - primary amendment

A primary amendment refers to the initial or principal proposed change to a document, bill, motion, or resolution. In legislative or parliamentary procedures, it is the first substantive modification put forward for consideration and vote. Once a primary amendment is proposed, other amendments (sometimes called "secondary amendments" or "amendments to the amendment") might be offered to modify the primary amendment itself. However, the primary amendment typically must be resolved before the original text or subsequent major changes are addressed.

• Legislative Debate: Imagine a national parliament is debating a new bill aimed at reforming the healthcare system. A member of parliament proposes a significant change to the bill's Article 5, suggesting that all citizens should have access to free dental care, a provision not originally included. This proposal for free dental care is the primary amendment. Before other members can suggest minor adjustments to this new dental care provision (e.g., specifying age limits or types of procedures covered), the main idea of adding free dental care must be debated and voted upon as the initial, overarching change.

• Contract Negotiation: Two businesses are negotiating a complex service agreement. Company X sends a draft contract to Company Y. Company Y reviews it and proposes a fundamental change to the payment structure, suggesting a performance-based bonus system instead of a fixed monthly fee. This proposed shift to a performance-based payment is the primary amendment to the draft contract. Until this major financial restructuring is discussed and potentially agreed upon, the parties are unlikely to delve into smaller details like specific reporting requirements or dispute resolution clauses, which might be considered secondary amendments.

• Corporate Bylaws: The board of directors for a large corporation is holding a meeting to revise its corporate bylaws. A director proposes a new section requiring that all major capital expenditures over a certain amount must receive unanimous board approval, rather than a simple majority. This proposed change to the approval threshold for capital expenditures is the primary amendment to the bylaws. Other directors might then suggest modifications to this amendment (e.g., "this only applies to expenditures over $100 million"), but the core idea of increasing the approval requirement is the initial, primary change being considered.