sch.5-sec.40Proxy votes (s229)

sch.5-sec.40 Proxy votes (s229)

The rules of the co-operative may or may not permit proxy voting. Section 229 of the Law requires a proxy to be an active member of the co-operative (or, in the case of a co-operative group, to be entitled to represent a member of the group). If the co-operative wishes to prohibit proxy voting, the following rule is suitable: Voting by proxy is not permitted at a general meeting. If the co-operative wishes to permit proxy voting, the following rule is suitable: Voting may be by proxy at a general meeting. The instrument appointing a proxy must be in writing signed by the appointer or the appointer’s attorney properly authorised in writing. An instrument appointing a proxy may direct the way the proxy is to vote in relation to a particular resolution and, if an instrument of proxy directs, the proxy is not entitled to vote on the resolution other than as directed in the instrument. A person may be appointed as a proxy by more than one member. The rules may impose a limit on the number of members for whom a proxy may act. An instrument appointing a proxy may be in the following form, or another form the board approves: ................................ (name of co-operative) I/We ............ (name) of .......................... (address) being a member(s) of the co-operative appoint ....................... (name) of ........................... (address) as my/our proxy or, in that person’s absence, the chairperson of the meeting or a person nominated by the chairperson as my/our proxy, to vote for me/us and on my/our behalf at the *annual general/*special general meeting of the co-operative, to be held on the ............ day of ..................... 20......... and at any adjournment of the meeting. #This form is to be used *in favour/*against the resolution. Signed this ....................... day of ....................... 20.......... *Strike out if not applicable. #To be inserted if desired. The form may also set out the resolutions with provision for the member to give direction to the proxy. An instrument appointing a proxy is not valid until the instrument, and the power of attorney or other authority (if any) under which the instrument is signed or a notarially certified copy of the power or authority, are deposited, at least 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote, at the registered office of the co-operative or at another place specified for the purpose in the notice calling the meeting. A vote given in accordance with an instrument of proxy or a power of attorney is valid despite the previous death or unsoundness of mind of the principal, the revocation of the instrument (or of the authority under which the instrument was executed) or the power, if no intimation in writing of the death, unsoundness of mind or revocation has been received by the co-operative at the registered office before the start of the meeting or adjourned meeting at which the instrument is used or the power is exercised. (sch.5-sec.40-ssec.1) Voting may be by proxy at a general meeting. (sch.5-sec.40-ssec.2) The instrument appointing a proxy must be in writing signed by the appointer or the appointer’s attorney properly authorised in writing. (sch.5-sec.40-ssec.3) An instrument appointing a proxy may direct the way the proxy is to vote in relation to a particular resolution and, if an instrument of proxy directs, the proxy is not entitled to vote on the resolution other than as directed in the instrument. (sch.5-sec.40-ssec.4) A person may be appointed as a proxy by more than one member. The rules may impose a limit on the number of members for whom a proxy may act. (sch.5-sec.40-ssec.5) An instrument appointing a proxy may be in the following form, or another form the board approves: ................................ (name of co-operative) I/We ............ (name) of .......................... (address) being a member(s) of the co-operative appoint ....................... (name) of ........................... (address) as my/our proxy or, in that person’s absence, the chairperson of the meeting or a person nominated by the chairperson as my/our proxy, to vote for me/us and on my/our behalf at the *annual general/*special general meeting of the co-operative, to be held on the ............ day of ..................... 20......... and at any adjournment of the meeting. #This form is to be used *in favour/*against the resolution. Signed this ....................... day of ....................... 20.......... *Strike out if not applicable. #To be inserted if desired. The form may also set out the resolutions with provision for the member to give direction to the proxy. (sch.5-sec.40-ssec.6) An instrument appointing a proxy is not valid until the instrument, and the power of attorney or other authority (if any) under which the instrument is signed or a notarially certified copy of the power or authority, are deposited, at least 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote, at the registered office of the co-operative or at another place specified for the purpose in the notice calling the meeting. (sch.5-sec.40-ssec.7) A vote given in accordance with an instrument of proxy or a power of attorney is valid despite the previous death or unsoundness of mind of the principal, the revocation of the instrument (or of the authority under which the instrument was executed) or the power, if no intimation in writing of the death, unsoundness of mind or revocation has been received by the co-operative at the registered office before the start of the meeting or adjourned meeting at which the instrument is used or the power is exercised.