Skip to content
In forceAmended2020 Revised Edition
Contents

Part 5 · Management and Administration

178. Right to demand a poll

Amended

Last amended by an amending law of 2014.

(1)

Any provision in a company’s constitution is void insofar as it would have the effect —

(a)

of excluding the right to demand a poll at a general meeting on any question or matter other than the election of the chairperson of the meeting or the adjournment of the meeting;

(b)

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 —

(i)

by not less than 5 members having the right to vote at the meeting;

(ii)

by a member or members representing not less than 5% of the total voting rights of all the members having the right to vote at the meeting; or

(iii)

by a member or members holding shares in the company conferring a right to vote at the meeting, being shares on which an aggregate sum has been paid up equal to not less than 5% of the total sum paid up on all the shares conferring that right; or

(c)

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 company or any other person more than 72 hours before a meeting or adjourned meeting in order that the appointment may be effective thereat.

(1A)

Despite subsection (1)(b), where any provision of the constitution of a company incorporated before 3 January 2016 is void under subsection (1)(b)(ii) or (iii), 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 —

(a)

by a member or members representing not less than 5% of the total voting rights of all the members having the right to vote at the meeting; or

(b)

by a member or members holding shares in the company conferring a right to vote at the meeting, being shares on which an aggregate sum has been paid up equal to not less than 5% of the total sum paid up on all the shares conferring that right.

(2)

The instrument appointing a proxy to vote at a meeting of a company 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 member of the company is deemed to be the same as a demand by the member.

(3)

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.

Report

Part 6

Financial Statements and Audit

Part 7

Arrangements, Reconstructions and Amalgamations

Part 8

Part 8A

Part 9

Investigations

Part 10

Dissolution

Part 10A

Transfer of Registration

Part 11

Various Types of Companies, Etc.

Part 11A

Register of Controllers, Nominee Directors and Nominee Shareholders of Companies

Part 12

General

Schedules