sch.5-sec.36Attendance and voting at general meetings (CNL ss228 & 256)

sch.5-sec.36 Attendance and voting at general meetings (CNL ss228 & 256)

The right to vote attaches to membership and not shareholding. Joint members have only one vote between them. Every joint member is entitled to attend and be heard at a general meeting. In the event of a dispute between joint members as to which member will vote (subject to the grant of any proxy or power of attorney), the joint member whose name appears first in the register of members is entitled to vote. A resolution, other than a special resolution, must be decided by simple majority. The requirements for a special resolution are in section 239 of the Law. Subject to subrules (7) and (8) , a question for decision at any general meeting must be decided on a show of hands of members present at the meeting. A poll may be demanded on any question for decision. If before a vote is taken or before or immediately after the declaration of the result on a show of hands: the chairperson directs that the question is to be determined by a poll; or at least 5 members present in person or represented by proxy demand a poll; the question for decision must be determined by a poll. The poll must be taken when and in the manner that the chairperson directs. A poll on the election of a chairperson or on the question of adjournment must be taken immediately and without debate. Once the votes on a show of hands or on a poll have been counted then, subject to subrule (8) , a declaration by the chairperson that a resolution has been carried (unanimously or by a particular majority) or lost is evidence of that fact. The result of the vote must be entered in the minute book. (sch.5-sec.36-ssec.1) The right to vote attaches to membership and not shareholding. (sch.5-sec.36-ssec.2) Joint members have only one vote between them. (sch.5-sec.36-ssec.3) Every joint member is entitled to attend and be heard at a general meeting. (sch.5-sec.36-ssec.4) In the event of a dispute between joint members as to which member will vote (subject to the grant of any proxy or power of attorney), the joint member whose name appears first in the register of members is entitled to vote. (sch.5-sec.36-ssec.5) A resolution, other than a special resolution, must be decided by simple majority. The requirements for a special resolution are in section 239 of the Law. (sch.5-sec.36-ssec.6) Subject to subrules (7) and (8) , a question for decision at any general meeting must be decided on a show of hands of members present at the meeting. (sch.5-sec.36-ssec.7) A poll may be demanded on any question for decision. (sch.5-sec.36-ssec.8) If before a vote is taken or before or immediately after the declaration of the result on a show of hands: the chairperson directs that the question is to be determined by a poll; or at least 5 members present in person or represented by proxy demand a poll; the question for decision must be determined by a poll. (sch.5-sec.36-ssec.9) The poll must be taken when and in the manner that the chairperson directs. (sch.5-sec.36-ssec.10) A poll on the election of a chairperson or on the question of adjournment must be taken immediately and without debate. (sch.5-sec.36-ssec.11) Once the votes on a show of hands or on a poll have been counted then, subject to subrule (8) , a declaration by the chairperson that a resolution has been carried (unanimously or by a particular majority) or lost is evidence of that fact. (sch.5-sec.36-ssec.12) The result of the vote must be entered in the minute book.