Secretarial practice

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Monograph

Identifikator:: 1828236004

URN:: urn:nbn:de:zbw-retromon-249926

Document type:: Monograph

Title:: Secretarial practice

Edition:: fourth edition

Place of publication:: Cambridge

Publisher:: W. Heffer & Sons Ltd

Year of publication:: 1930

Scope:: viii, 987 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XII. Meeting of shareholders

Collection:: Economics Books

138 SECRETARIAL PRACTICE Proxies. However, under such a provision, accompanied by articles providing in the ordinary way for votes being given either personally or by proxy, for the appointment of proxies, &c., the chairman cannot direct that the poll shall be taken by means of polling papers signed by the members and delivered at the company’s office; there must be a personal attendance by the voter or his duly appointed proxy [McMillan v. Le Rot Mining Company (1906), 1 Ch. 331]. The chairman may, however, in such a case direct that the poll be taken forthwith. The most satisfactory, and in important instances the most usual, method of taking a poll is by a card vote. The secretary will, before the meeting, have examined the proxies received at the company’s office, rejecting all not duly stamped, not delivered in time, not in proper form, or sent in by members who for some reason, e.g. non-payment of calls, are not entitled to vote. The whole matter of proxy voting depends entirely upon the articles of association, and their provisions must be strictly followed. Every voter when polling should be required to sign his name, and insert the number of shares held by him on the voting paper. When all the votes have been given it is the usual practice for the chairman, or for the meeting, to appoint scrutineers to. examine the votes; sometimes the articles provide for the appointment of scrutineers. In the absence of scrutineers the responsibility of rejecting any invalid votes will rest with the chairman, who will in most cases be guided by ‘the information furnished him by the secretary. Where a poll is demanded upon more than one resolution, the resolutions should, upon the poll being taken, be separately voted upon "Blair Open Hearth vi. Reigart (1913), 108 L.T. 665]. Apollisnot a new meeting, but it is a mode of ascertaining the sense of the meeting, which is continued for that purpose [per Cotton, L.]J., in R. v. Wimbledon Local Board (1882), 8 Q.B. D. P. 465]. "It follows, that the taking of a poll is not an adjourn- ment of the meeting and therefore does not make proxies which have been obtained after the meeting, but before the poll, available, in a case where the articles permit the use of proxies lodged a specified time before the meeting or adjourned meeting [Shaw v. Tati Concessions (1913), 1 Ch. 292]. And where the articles provide that proxies must be deposited not less than two clear days before the day for holding the meeting proxies lodged after the meeting, but more than two clear days before the day fixed for an adjournment thereof, cannot be used [McLaren v. Thompson (1917), 2 Ch. 261]. The right to vote by proxy, and the mode of exercise of the right, depend on the regulations of the company. The

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