As for an alternate director nomination ...........
On the 4th May, the Company's PR contact Michael Weir via Citadel - MAGNUS received;
~ from a registered shareholder of Firefinch Limited a nomination form for a Mr Garry Peter Lougher to be considered as a Director of Firefinch Limited pursuant to Firefinch's Constitution; Rule 6.1(o)(i)
~ a signed "Consent to Act as a Director" form from Mr Garry Peter Lougher, pursuant to Firefinch's Constitution; Rule 6.1(o)(ii)
~ a request for the Board of Firefinch Limited that a Resolution to be put to shareholders to vote in the matter of electing Mr Garry Peter Lougher to the Board of Firefinch Limited.
~ a conformation that once the Board of Firefinch Limited amends the agenda of the Annual General Meeting to include a Resolution to elect Mr Garry Peter Lougher, Mr Lougher will provide a detailed statement in support of his nomination.
++ The above was also sent to Firefinch Limited registered email address.
As of 15th May, the Company had failed to acknowledge receipt nor respond to any of the above, furthermore; on the 16th May the Company were issued with further emails via Michael Weir at Citadel - Magnus and Firefinch Limited email address stating;
~ further to our recent communications regarding the nomination of Mr Lougher to the Board of Firefinch, we find it totally unacceptable that the board have not bothered to respond to our communications.
~ this email is to put the Board on notice that if a satisfactory response is not received by the close of business today, we intend to publish the Director Nomination and the Boards refusal to respond via social media outlets inclusive of HotCopper, Twitter, LinkedIn & Facebook as well as contacting the ASX (again) & local Perth newspapers,
** Shareholders wishing to nominate and/or any person considering themselves for a position on the Board of Firefinch Limited, were circumnavigated by the Company with their (IMO) non-compliance to ASX Listing Rule 3.13.1 and the Company's Constitution by failing to include the closing date for Director Nominations in the Notice advising the date of the Annual General Meeting.
As per the Company's Notice of Meeting announcement, the Annual General Meeting includes an election of Directors as an item of business and as such;
ASX Listing Rules
; 3.13 An entity must tell the ASX the following information.3.13.1If the entity is not an+externally managed trust and directors may be elected at a meeting of+security holders, the entity must tell the ASX the date of the meeting and the closing date for the receipt of nominations from persons wishing to be considered for election as a director, at least 5+business days before the closing date for the receipt of such nominations. However, failure to give such notice does not invalidate the meeting or the election of any director at the meeting.14.3An entity must accept nominations for the election of directors up 35+business days (in the case of a meeting that members have requested directors to call, 30+business days) before the date of a general meeting at which directors maybe elected, unless the entity's constitution provides otherwise.However, with the Company failing to provide the statutory notice for Director Nominees, any person wishing to nominate a candidate and/or person/s wishing to nominate themselves were thwarted for providing the required nominations under the time limits described in the Company's Constitution; being
~ Rule 6.1(p)(i) at least 35 Business Days before the general meeting, unless it is a general meeting requested by member; or
~ Rule 6.1(p)(ii) at least 30 Business Days before the general meeting, in the case of a general meeting the is requisitioned by members; or
~ Rule 6.1(p)(iii) in either case, a shorter period before the meeting which the directors in their discretion may approve.IMO, the Company have denied shareholders their right to either nominate a candidate for election or seek election for themselves under the very Constitution that was submitted by the Board of Firefinch as a Resolution for Approval to Accept included in the Agenda of the Annual General Meeting and subsequently approved by the members on the 27th May 2022.
This is the Company that you are entrusting to make a decision in the best interests of ALL shareholders.
FYI:
~ Garry Lougher can be researched via his LinkedIn account.
~ If the resolution to re-elect Gordon is not successful, the Board will not have a majority of independent directors as per post
https://hotcopper.com.au/threads/has-the-beagle-had-a-seizure.7235033/page-16?post_id=66476769cheers
