[Community-Discuss] Accountability assessment - quorum

[Jackson Muthili]

On Thu, Sep 29, 2016 at 12:09 PM, Andrew Alston
<Andrew.Alston at liquidtelecom.com> wrote:
> I am also far from convinced that the limitation on proxies would stand up to legal scrutiny and I would like to hear informed legal opinion on this.
>
> The fifth schedule of the companies act – clause 6, makes specific references to proxies – and is explicit that any member may appoint anyone as a proxy.
>
> It also has a very specific clause in the companies act that states that the entirety of clause 6 applies “not withstanding any provision in any constitution adopted by the company.”  The only exception to this is clause 6 (d)(v) which makes reference to the format of the actual proxy.
>
> My reading of this – and again, I would like to hear informed legal opinion, is that limitations on the proxy instruments that could impact on anyone appointing a proxy of their choice would be out of line with the companies act – and hence the limitation in our bylaws is illegal and cannot be enforced – since it is overridden by the act – which reigns supreme.
>
> Can any lawyers on this list please comment on the above?

It is very clear and lawyers will 100% agree.

Please propose a change to this flimsy restriction in the by-laws.

And yes of course it can be legally challenged as written so better to
get rid of it now.

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