Ann: Adjourned General Meeting, page-4

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    Call for a Poll
    A poll may be demanded before asking for a show of hands, before the result is
    declared or immediately on the declaration of the vote – Sec. 250L(3).
    Rule 65(3) explains that a poll may be demanded by:
    (a) the chairman; or
    (b) at least 5 shareholders present (in person or by proxy, attorney or
    corporate representative - unless their power is restricted by the appointor)
    having the right to vote; or
    (c) shareholder/s present (in person or by proxy) controlling at least 10% of
    the total shares.
    With regard to part (c) above, by my reading of Act shareholder/s need only control
    5% to call for a poll – Sec. 250L(1)(b) – which is reinforced by Sec. 250L(2) that
    states that if a company has a constitution, the constitution may provide that fewer
    shareholder numbers/percentage [than in part (1)] may demand a poll – but whilst
    that sub-section does not contemplate a constitution requiring a greater percentage
    than what’s in the Act (as does ours), my understanding from other sources is that
    such a requirement (i.e., of a percentage greater than 5%) is void.
    Note too: as per Sec. 250L(1), the 5 shareholders / 5% shares requirements only
    relate to shareholders entitled to vote on the relevant resolution.
    If a poll is taken then the decision on a resolution is determined by counting the
    actual votes (i.e., number of shares) – for and against – held by shareholders
    physically present in person at the meeting and represented by proxies present at the
    meeting.

    Does that help? looks to me that this could be a long and nasty business. Hope it is not too costly, we the small shareholders have lost enough over time.
 
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