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Whilst we wait for the learned, I believe the bylaws can be made to
be technology neutral and flexible without violating the Act, as
long as members agree. Also as far as I can see the Companies Act of
Mauritius is fairly standard and similar to most other jurisdictions
in particular with reference to the issues under discussion here. So
we must not believe we are facing a country challenge but rather a
general legal compliance issue which can be handled. As currently
worded and if applied to the letter they are restrictive in areas
e.g 10.33 and 10.36. seems to be anti-e. Amendments can always be
made I guess. To help this discussion I copy below the relevant
section from bylaws:<br>
<br>
<p class="body-mainText"><span style="TEXT-DECORATION: underline"><strong>Proxies
</strong></span></p>
<p class="body-mainText">10.31 A Member may exercise the right to
vote either by being present in person or by proxy.</p>
<p class="body-mainText">10.32 A proxy for a Member may attend and
be heard at a General Meeting as if the proxy were the Member.</p>
<p class="body-mainText">10.33 A proxy shall be appointed by notice
in writing signed by the Member and the notice shall state whether
the appointment is for a particular General Meeting or a specified
term.</p>
<p class="body-mainText">10.34 No proxy shall be effective in
relation to a General Meeting unless a copy of the notice of
appointment is produced before the start of the General Meeting.
Any power of attorney or other authority under which the proxy is
signed or a notarially certified copy shall also be produced.</p>
<p class="body-mainText">10.35 A proxy form shall be sent with each
notice sent to a Member.</p>
<p class="body-mainText">10.36 The instrument appointing a proxy
shall be in writing under the hand of the appointer or of his
agent duly authorised in writing or in the case of a corporation
under the hand of an officer or of an agent duly authorised.</p>
<p class="body-mainText">10.37 The instrument appointing a proxy
shall be in such form as may be determined by the Board from time
to time or, in default of such determination, in the following
form -</p>
<blockquote>
<p style="TEXT-ALIGN: justify" class="body-mainText"><em>I/we
................................. of .................. being
members of the above named company hereby appoint
..................………………… or failing him/her,
........………….......... of ...........................…….. as
my/our proxy to vote for me/us at the meeting of the company
to be held on ....................... and at any adjournment
of the meeting.</em><br>
<em>Signed this ................ day of
...........................……….</em></p>
</blockquote>
<br>
<br>
<br>
<br>
On 23/05/2012 04:30 PM, Andrew Alston wrote:
<blockquote
cite="mid:2588722D-DC58-45A1-8E3A-93EF0A485A3C@gmail.com"
type="cite">
<pre wrap="">I have to agree with Badru here, and I have seen challenges solved in similar ways in other companies. One such example is where a particular country law required a certain company to have a number of directors within the country it was founded. This wasn't an option, but the law didn't have the same requirement if the company was founded as a trust rather than the other option. So simple, change how the company is registered to find laws that actually allowed the mandate to be carried out.
I don't think we are as bound by Mauritian law as we believe, if its not working for us as a community, the community can ask for a change. (Note, I am NOT advocating using this rather drastic method, I'm just saying that we have that option should we ever choose to exercise it)
Andrew
On 23 May 2012, at 2:12 PM, Badru Ntege wrote:
</pre>
<blockquote type="cite">
<pre wrap="">McTim
AfriNIC is a regional body serving the entire African region. I think if
the membership all agree on a policy like e-voting which at the time they
believe is in the best interest of the community and we have a jurisdiction
problem, I know they can be over 52 other ways to fix that challenge. We
should not allow country specific issues to obstruct the mandate of AfriNIC.
On the issue of e-voting my view is we pursue a parallel implementation for
at least two future elections before completely eliminating the paper
process. This will allow all of us of to be comfortable with the
transition and also make sure we have not left members behind in our quest
to modernize.
regards
</pre>
<blockquote type="cite">
<pre wrap="">-----Original Message-----
From: <a class="moz-txt-link-abbreviated" href="mailto:rpd-bounces@afrinic.net">rpd-bounces@afrinic.net</a> [<a class="moz-txt-link-freetext" href="mailto:rpd-bounces@afrinic.net">mailto:rpd-bounces@afrinic.net</a>] On Behalf
Of McTim
Sent: Wednesday, May 23, 2012 3:42 PM
To: AfriNIC Resource Policy Discussion List
Subject: Re: [AfriNIC-rpd] NomCom at AFRINIC-16
Hi all,
I think we need Ashok, our legal counsel to weigh in here, so I have cc:ed
</pre>
</blockquote>
<pre wrap="">him.
</pre>
<blockquote type="cite">
<pre wrap="">
My question to Ashok is:
Does MU law prohibit us from using e-voting only? In other words, does MU
law insist on physical proxies, or can we use e-proxies/e-voting only?
--
Cheers,
McTim
"A name indicates what we seek. An address indicates where it is. A route
indicates how we get there." Jon Postel
On Wed, May 23, 2012 at 5:19 AM, ALAIN AINA <a class="moz-txt-link-rfc2396E" href="mailto:aalain@trstech.net"><aalain@trstech.net></a> wrote:
</pre>
<blockquote type="cite">
<pre wrap="">
On May 22, 2012, at 11:10 PM, Andrew Alston wrote:
Hi All,
The simple fact in my view is that sadly, what is broken goes beyond
the simple rules and bylaws. Yes, the bylaws and rules need to be
changes to avoid the abuse of loopholes which allow people to act
outside of the will of the community, and I hope to see this happen.
But more to the point, what I saw in Gambia was a huge amount of
factionalization and large political undercurrents that distract from
</pre>
</blockquote>
</blockquote>
<pre wrap="">the real
</pre>
<blockquote type="cite">
<pre wrap="">issues.
</pre>
<blockquote type="cite">
<pre wrap="">
Until we fix this people will continue to attempt to use the political
process to advance their own agendas. The sad fact is, fixing the
rules should be the easy part, fixing the various factions is far
</pre>
</blockquote>
</blockquote>
<pre wrap="">harder.
</pre>
<blockquote type="cite">
<blockquote type="cite">
<pre wrap="">
With regards to the bylaws though, I looked a minute ago at the
submitted comments on the bylaw revisions and with all this debate
going on, was shocked to find that there were only two submitted
</pre>
</blockquote>
<pre wrap="">comments, both mine!
</pre>
<blockquote type="cite">
<pre wrap="">
You will see more soon and before the deadlines and we will keep a
close eyes on the next step for the bylaw revision
Thanks
--Alain
The PDP list has become far more active since Dar Es Salaam but when
there is a call for comments on the bylaws and there are no comments,
I once again worry about community involvement. It is well and good
for all of us, myself included, to sit here and state the problems,
but if we don't submit comments through the right channels nothing will
</pre>
</blockquote>
<pre wrap="">change!
</pre>
<blockquote type="cite">
<pre wrap="">
I therefore appeal to you all to please let your voices be heard, lets
fix the rules and at the same time work on working together as a
community on the real business of AfriNIC.
Thanks
Andrew
P.S sorry for any typos and formatting errors, enabling from a phone
is a pain!
On May 22, 2012 6:54 PM, "Sunday Folayan" <a class="moz-txt-link-rfc2396E" href="mailto:sfolayan@gmail.com"><sfolayan@gmail.com></a> wrote:
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<pre class="moz-signature" cols="72">--
Gift Shava
Financial Controller
Information Technology Integrators
www. itibots.com <a class="moz-txt-link-rfc2396E" href="http://itibots.com"><http://itibots.com></a>
Office: +26739334779, Mobile: +26772115870
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