New Constitution - Debate on the proposed changes

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Rutherford
Posts: 229
Joined: Sat Dec 04, 2004 9:08 am

Post by Rutherford »

Well done the pair of you, it brings sanity into the situation. It has always seemed very unjust that because I was unable to attend meetings, I could not express my views or bring any influence to bear.
Beryl (Woodmagic)
Pennielea
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Location: Northern Ireland

Post by Pennielea »

Clive
I have spent days if not weeks looking for info. on the Companies Act. You pose a question at 8.46 and have found the answer by 9.01 that is only 15 minutes! I would be interested in the address of the site you found the info. on. There is probably the answer as to why we do not use postal voting and that would put this debate to bed for good.

Ian
Joan and Ian Simpson
Pennielea Farm
Glenavy
Co Antrim
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Broomcroft
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Post by Broomcroft »

Hi Ian

All I did was Google the phrase "companies act 2006 proxy" and up comes a law firm called Irwin Mitchell. They publish their interpretation of new laws which makes it easier reading. It reads as though you have the right to appoint a proxy whatever it says in your Articles, and (I would assume) that the proxy can be anyone you want (i.e. not even a member maybe). If what you have dug up is correct and this has been in force since 2007, so votes taken in the recent past may have been done on the wrong basis!

Also it says that the chairman of the meeting cannot have a casting vote unless the society's Articles were written and in force prior to the go-live date 1 Oct 2007.

Here's a link to the Irwin Mitchell page Companies Act 2006. I assume it applies to DCS as the article is about private companies and DCS isn't public, so it must be private (limited by guarantee)?

The article also contains details of the laws allowing electronic communication to be used and enshrined in a company's Articles.

Also, here's probably a better link regarding charities which makes things very clear I think http://www.bllaw.co.uk/pdf....ies.pdf.

All this came into force on 1 October 2007 it says. You have to have proxy voting it seems, and you have to tell people they can appoint a proxy, so there should have been proxy voting at the EGM, and you can appoint your proxy by email as long as the society's email address is shown on the notice of the meeting. How that affects a quorum, which in our Articles must be a physical quorum, I have not read anywhere.

I've only read all this very quickly so might have it wrong. Got to trim my sheeps feet before the rain starts tomorrow.




Edited By Broomcroft on 1217757760
Clive
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Broomcroft
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Post by Broomcroft »

Clive
Chris Downward
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Location: Llanddeusant, South Wales

Post by Chris Downward »

Dear Clive,
Excellent stuff, you have cut through a mass of rubbish and distilled it into something I can Understand!!
Are you standing for election?
Regards
Chris
Chris Downward
Pant Y Turnor
Llanddeusant
Pennielea
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Joined: Sun Oct 28, 2007 6:42 pm
Location: Northern Ireland

Post by Pennielea »

Thanks Clive
Lots of good stuff in there. I had no idea that so much legal advice was available free of charge.

Ian
Joan and Ian Simpson
Pennielea Farm
Glenavy
Co Antrim
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