Attendance and speaking at general meetings24.—(1) A person, is able to exercise the right to speak at a general meeting when that person is in a position to communicate to all those attending the meeting, during the meeting, any information or opinions which that person has on the business of the meeting.
Sorry, I meant to add that this is all I can find in the articles. There's no reference to votes being declared void. Surely though it can't be acceptable to influence the vote with incorrect information and the person concerned has no right to question this?
This matter was raised as a 'Special Resolution' on the day, with no notice to members. The Chair allowed it to be tabled and heard. I think this is against Section 282 and 283 of the Comapnies Act, and hence illegal. Of course ignorance of the Act should be no defence, as it would be common sense to allow the other 'side' sight of the resolution and notice to prepare evidence, surely?
Well I don't think its necessarily against those sections as that allows for the passing of ordinary and special resolutions.
However in this case if the information was false and the Chair did not allow a rebut of this information then it may be considered to be improper.
However your articles 24 do state they may exercise a right to speak - if this was not granted then the decision is not valid.
If the decision is not valid then it can not stand
No the difficulty is getting around this.
If the Chair refuses to accept the position then you would need to issue Court proceedings to have the decision declared invalid/
This is because you can't force the Company to do it again with a Court order, but what you can do is have a declaration that the decision is void.
Then the Chair will have to re-run it
If the Chair does not a motion of no confidence can be tabled.
Can I clarify anything for you about this today please?
283 states that notice must be given of a Special Resolution and its text included in the notice! This wasn't done.