Thanks for this and let me please raise the point that the Regulation (14 of SSMR) seems badly drafted, regarding motion voting for AGMs and (E)GMs in some instances.
As below, it would seem to allow a poorly attended physical meeting on the EGM date to effectively stymie a greater number of Owners voting by pre-meeting email, unless the motion stated that voting on it would only be by pre-meeting email.
For example, with voting by both pre-meeting email and at the meeting itself, say 40 Owners could all vote for a motion and 10 other Owners at the AGM itself, opposed to the motion but knowing they could not defeat it, could simply amend it in a way to negate it. In other words, 10 could outvote 40. Then the motion’s supporters would be faced with trying to requisition a GM and turn up at it to get the motion through? No?
If yes, why does the regulation allow that in the first place. Also I note the regulation’s stipulation that such amendments must not change the “subject” is very vague.
I refer you to:
(b) (i) the relevant motion may be amended by a further motion given at the meeting after the pre-meeting electronic voting takes place, and
(ii) consequently, the pre-meeting vote may have no effect.
14A Pre-meeting electronic voting
For the Act, Schedule 1, clause 28(3) and Schedule 2, clause 10(3), the following applies in relation to voting by pre-meeting electronic voting—
(a) an election must not be determined by pre-meeting electronic voting,
(b) for a matter that may be determined partly by pre-meeting electronic voting—the notice of the meeting must include a statement that—
(i) the relevant motion may be amended by a further motion given at the meeting after the pre-meeting electronic voting takes place, and
(ii) consequently, the pre-meeting vote may have no effect,
(c) a motion that is to be determined wholly by pre-meeting electronic voting must not be amended at the meeting for which the pre-meeting electronic voting was conducted,
(d) a motion that is to be determined partly by pre-meeting electronic voting may be amended at the meeting for which the pre-meeting electronic voting was conducted but only if the amendment does not change the subject matter of the motion,
(e) if a motion that is to be determined partly by pre-meeting electronic voting is amended at the meeting for which the pre-meeting electronic voting has been conducted—the minutes of the meeting distributed to owners must be accompanied by—
(i) notice of the change, and
(ii) a statement setting out the power to make a qualified request for a further meeting under the Act, section 19.
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