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1. Do we need 51% of 'the room' to carry ? ie , 20 in the room, and we have 15 with us You need to check the articles but generally it is 51% of those voting.
2. Do we need 51% of the total owners to carry ( either present or proxy ) Our estate has 108 flats, so this would mean 55 - see above.
Or 3. Do we just need a majority of owners votes on the night to carry (present and proxy ) ie , she has a total of 26, ( 5 present, 19 proxy ). and we have 28 ( 11 present, 17 proxy ) - see above!
The articles may say 51% of those voting which means it can be by proxy or those in the room.
It may say those present in which case 1 above would apply.
It may say 51% of all members in which case 2) would apply.
Does this help?
"A member or members holding a majority in nominal value of the issued shares for the time being in the Company shall have power from time to time to appoint any Owner as a Director or Directors either as an additional Director or Directors either as an additional Director or to fill any vacancy (provided that the total number of Directors shall not exceed any maximum number from time to time prescribed by or in accordance with these Articles) and to remove from office any Director howsoever appointed. Any such appointment or removal shall be effected by notice in writing to the Company signed by the member or members making the same or in the case of a member being a company, signed by any director thereof or by any person so authorised by resolution of the Directors or of any other governing body thereof. Any such appointment or removal shall take effect when the notice effecting the same is delivered to the registered office of the Company or to the Secretary or is produced at a meeting of the Directors, and any such removal shall be without prejudice to any claim which a Director so removed may have under any contract between him and the Company. Regulation 88 of Table A shall be modified accordingly. Thank you
Dear Alex The above is the only section within the articles that make reference of the voting system but it doesnt say anywhere what % is required or whether in the room or by proxy
Then I would say it is 50% of those voting.
Thank you Alex last question does this apply to an EGM
Thank you Alex have a good evening
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