Clause 94

by deleting the words “Any provision in a company’s articles” in subsection (1) and substituting the words “Subject to subsection (1B), any provision in a company’s constitution”;

by deleting “10%” in subsection (1)(b)(ii) and (iii) and substituting in each case “5%”;

by deleting the words “48 hours” in subsection (1)(c) and substituting the words “72 hours”; (d)by inserting, immediately after subsection (1), the following subsection:“(1A) Notwithstanding subsection (1)(b), where any provision of the constitution of a company incorporated before the date of commencement of section 94 of the Companies (Amendment) Act 2014 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 chairman of the meeting or the adjournment of the meeting may be made —

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

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.”; (e)by inserting, immediately before subsection (2), the following subsection:“(1B) Any provision in the constitution of a company incorporated before the date of commencement of section 94(c) and (e) of the Companies (Amendment) Act 2014 which requires 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 less than 72 hours before a meeting or adjourned meeting in order that the appointment may be effective thereat, shall be read as requiring such instrument to be received by the company or any other person not more than 72 hours before a meeting or adjourned meeting in order that the appointment may be effective.”; and

by deleting the section heading and substituting the following section heading:“Right to demand a poll”.