Business Trusts Act 2004 · 2020 Revised Edition · Part 9 · Management and Administration
56. Provision in trust deed as to right to demand poll
Feedback & supportLast amended by an amending law of 2022.
Any provision in the trust deed of a registered business trust is void in so far as it would have the effect —
deed
“deed” means any deed which creates a trust or provides for the governance of the affairs of the trust and the conduct of its business and includes any instrument amending or affecting the deed;
of excluding the right to demand a poll at a general meeting of the unitholders of the registered business trust on any question or matter other than the election of the chairperson of the meeting or the adjournment of the meeting;
of making ineffective a demand for a poll on any question or matter other than the election of the chairperson of the meeting or the adjournment of the meeting that is made —
by at least 5 unitholders of the registered business trust having the right to vote at the meeting; or
by a unitholder or unitholders of the registered business trust representing at least 5% of the total voting rights of all the unitholders having the right to vote at the meeting; or
of requiring the instrument appointing a proxy or any other document necessary to show the validity of or otherwise relating to the appointment of a proxy to be received by the trustee‑manager of the registered business trust or any other person more than 72 hours before a meeting or adjourned meeting in order that the appointment may be effective at that meeting.
Despite subsection (1)(b), where any provision in the trust deed of a registered business trust registered under this Act before the date of commencement of section 21 of the Business Trusts (Amendment) Act 2022 is void under subsection (1)(b)(ii), a demand for a poll on any question or matter other than the election of the chairperson of the meeting or the adjournment of the meeting may be made by a unitholder or unitholders of the registered business trust representing at least 5% of the total voting rights of all the unitholders having the right to vote at the meeting.
registered business trust
“registered business trust” means a business trust that is registered by the Authority under section 4(1);
The instrument appointing a proxy to vote at a meeting of the unitholders of a registered business trust is deemed to confer authority to demand or join in demanding a poll, and for the purposes of subsection (1), a demand by a person as proxy for a unitholder of the registered business trust is deemed to be the same as a demand by the unitholder.
A person entitled to vote on a poll at a meeting is deemed to be a person entitled to vote for the purposes of this Act.