Commonwealth Consolidated Acts

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Proxy documents

Documents to be received by company before meeting

             (1)  For an appointment of a proxy for a meeting of a company's members to be effective, the following documents must be received by the company at least 48 hours before the meeting:

                     (a)  the proxy's appointment;

                     (b)  if the appointment is signed, or otherwise authenticated in a manner prescribed by regulations made for the purposes of subsection 250A(1), by the appointor's attorney--the authority under which the appointment was signed or authenticated or a certified copy of the authority.

Documents received following adjournment of meeting

             (2)  If a meeting of a company's members has been adjourned, an appointment and any authority received by the company at least 48 hours before the resumption of the meeting are effective for the resumed part of the meeting.

Receipt of documents

             (3)  A company receives a document referred to in subsection (1):

                     (a)  when the document is received at any of the following:

                              (i)  the company's registered office;

                             (ii)  a fax number at the company's registered office;

                            (iii)  a place, fax number or electronic address specified for the purpose in the notice of meeting; and

                     (b)  if the notice of meeting specifies other electronic means by which a member may give the document--when the document given by those means is received by the company as prescribed by the regulations.

Note:          For when a document is received by electronic communication, see section 105A.

Constitution or notice of meeting may provide for different notification period

             (5)  The company's constitution (if any) or the notice of meeting may reduce the period of 48 hours referred to in subsection (1) or (2).

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