yonkikkert
Mar 27, 2018

The practice of proxy voting

3 comments

Section 6 (1) - Any right, privilege or obligation of a person as a member of the Association – (a) is not capable of being transferred to another person;

This seems to be irreconcilable with the practice of proxy voting. Proxy voting is important for our community in particular with so many part timers who may not be able to attend a meeting.

Brett Harrison
Mar 27, 2018

Good feedback Yon, the Model Rules do not embrace proxy votes at all. The working party has attempted to embrace proxy voting for matters other than those requiring a special resolution. The Act specifically requires personal attendance and voting on matters where a special resolution is required. For more on special resolutions see footnote 2 in the draft rules. We cannot alter the Act. Any amendment to the draft rules will only relate to ordinary resolutions, not those which require a special resolution.

Brett Harrison
Mar 27, 2018

Yon I should have commented further in relation to your views on proxy voting. You have referred to rule 6 which is headed 'Liability of Members" and which generally relates to the liability of a member in the event of a winding up of the association and that a member cannot transfer a right , obligation or privilege. This might be restricted to those circumstances set out in rule 6. If it is the case that the provisions extend beyond those circumstances and do in fact extend to the appointment of a proxy then it would appear that the giving of a specific proxy as opposed to a general proxy is not in contravention of the rule. A specific proxy which directs the proxy specifically how to vote on matters would not be a transfer of any right or privilege, it is a direction as to how to vote.

This issue needs to be further considered to determine the scope of rule 6.

Leigh Sealy
Apr 16, 2018

Yon,

 

I do not think that rule 6(1) prevents the granting of proxies. The appointment of a proxy is more in the nature of the appointment of an agent as distinct from the "transfer" or assignment of any right or privilege". That is, the appointor of the proxy is not transferring anything: He or she is merely appointing some other person to exercise on his or her behalf, the right that he or she continues to hold.

 

Nevertheless, the point is not beyond argument.

 

I had thought that the provisions of r 6(1) (or their equivalent) also appeared in the Act but that does not seem to be the case.

 

Accordingly, any doubts can be removed by adding the following sub rule to r 6:

 

"(4) For the avoidance of doubt, the appointment of a proxy made in accordance with these Rules does not constitute the transfer by a member of any right, privilege or obligation for the purposes of sub- paragraph (1) of this rule."

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