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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