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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 248
Articles as to right to demand a poll
248. (1) Any provision contained in a company's articles is void in so far as
it would have the effect:
(a) of excluding the right to demand a poll at a general meeting on any
question or matter other than the election of the chairman of the
meeting or the adjournment of the meeting;
(b) of making ineffective a demand for a poll on any question or matter,
other than the election of the chairman of the meeting or the
adjournment of the meeting, that is made:
(i) by at least 5 members having the right to vote at the meeting;
(ii) by a member or members who are together entitled to at least
10% of the total voting rights of all the members having the
right to vote at the meeting; or
(iii) by a member or members holding shares in the company conferring
a right to vote at the meeting, being shares on which an
aggregate sum has been paid up equal to at least 10% of the
total sum paid up on all the shares conferring that right; or
(c) of requiring the instrument appointing a proxy, or any other document
necessary to show the validity of or otherwise relating to the
appointment of a proxy, to be received by the company or any other
person more than 48 hours before a meeting or adjourned meeting in
order that the appointment may be effective at the meeting.
(2) The instrument appointing a proxy to vote at a meeting of a company shall
be deemed to confer authority to demand or join in demanding a poll, and, for
the purposes of subsection (1), a demand by a person as proxy for a member of
the company shall be deemed to be the same as a demand by the member.
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