At the Body Corporate AGM held on Wednesday we did not have a quorum present so it was explained to us that the meeting will be adjourned to the same time and place the following Wednesday. But what about Trustee nominations and proxies for the adjourned meeting?
If you look at the STSM Act requirements for Trustees nominations and proxies you see the following:
Trustee nominations:
PMR 7(2) The nomination of a trustee must be in writing, accompanied by the written consent of the person nominated and delivered to the body corporate service address at least 48 hours before the annual general meeting is due to start.
If the meeting was due to start on Wednesday at 19h00 then the nominations must be in at least 48 hours before this. I had a debate with some industry specialists and came to the conclusion that those nominations will then stand for the adjourned meeting as well – no new nominations can be added. But as always there is an exception to the rule.
If you look at PMR 7(3)
7(3) If an insufficient number of nominations are received in terms of sub-rule (2), further nominations may be called for at the annual general meeting with the consent of the persons nominated.
So at the adjourned meeting – if they decide to have 7 Trustees and you only have 4 nominations then you can get more nominations from the floor – at the meeting.
So at the adjourned meeting – if they decide to have 7 Trustees and you only have 4 nominations then you can get more nominations from the floor – at the meeting.
So for proxies the situation is different – the prescribed proxy form makes provision for the proxy to be extended to any adjournment of the meeting.
But it is also possible for someone who were able to attend the first meeting (and did not have to give a proxy to anyone) but now cannot attend the adjourned meeting. So it will then be possible to now give their proxy to someone for the adjourned meeting.