CTP 2.08% 4.9¢ central petroleum limited

bobs last post, page-44

  1. 3,084 Posts.
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    Saltbus,

    The main reason for attending an EGM or AGM in person is because a poll might be conducted on the floor. This is common and standard.

    Now, let's confer with the CTP constitution.
    You can find this at http://www.centralpetroleum.com.au/board-corporate-governance.php

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    12.5 Adjournment
    The chairman may, with the consent of the meeting, and shall, if so directed by the meeting, adjourn the meeting from time to time and from place to place, but no business shall be transacted on the resumption of any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
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    "if so directed by the meeting"...

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    12.8 Voting - Show of Hands
    At any general meeting a resolution put to the vote of the meeting shall be decided on a show of hands unless a poll is demanded in accordance with clause 12.10.
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    So we see here that the constitution caters for votes to be held at the meeting from those present.

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    12.10 Poll
    A poll may be demanded before or immediately upon the declaration of the result
    of the show of hands by:
    (a) the chairman of the general meeting;
    (b) at least 5 Shareholders present in person or by proxy, attorney or Representative having the right to vote on the resolution; or
    (c) any one or more Shareholders holding not less than 5% of the total voting rights of all Shareholders having the right to vote on the resolution.
    12.11 Manner of Taking Poll
    If a poll is duly demanded, it shall be taken in such manner and either at once or after an interval or adjournment or otherwise as the chairman directs, and the result of the poll shall be the resolution of the meeting at which the poll was demanded.
    A poll demanded on the election of a chairman or on a question of adjournment shall be taken forthwith.
    ------------------
    Again we see the constitution posting rules about the attendees calling for a Poll at the meeting.
    "A poll demanded on the election of a chairman or on a question of adjournment shall be taken forthwith."
    - So when a room full of people clap in support of a call for an adjournment, do you think that satisfies 12.10(b) - at least 5 shareholders showing support for the poll?

    Whether you support CP or not, to me it's clear that from the content of the Constitution that the Chairman's decision to not conduct a poll regarding an adjournment is contentious.
 
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