RE: Listen guys....5 Feb 2020 17:10
Fredd, the current standing method for a vote on a resolution at a general meeting is for a show of hands to be taken unless, prior to or upon the declaration of the result of the show of hands, a poll is demanded by one of the following methods.
1) demanded by the chair of the meeting.
2) demanded by no fewer than 5 shareholders (in person, or by proxy) present at the meeting, who are entitled to vote at the meeting.
3) demanded by a shareholder, or group of shareholders (either present or by proxy), who in aggregate are voting on behalf of more than 10% of the voting rights of the total voting rights of all the members present at the meeting, who are entitled to vote at the meeting.
4) demanded by a shareholder, or group of shareholders (either present or by proxy), who in aggregate hold more than 10% of the shares currently issued.
In essence:
1) unlikely, but not guaranteed, the chair of the meeting (especially so if it is George, or any of the other BoD) will call for anything other than a show of hands, unless they have a cast iron certainty that they would win that (and given the current PI voting temperature, that would be highly questionable).
2) Subject to you being confident of the word of at least 5 of the members attending being true, and that they will meet their commitment to demand a poll be taken, then this is likely to be the best guarantee of throwing out a show of hands in favour of a poll.
3) there is a reasonable chance, but far from guaranteed, that there will be enough voting power attending the meeting (note, this is not 10% of the shares in issue, this is 10% of the votes of the total votes attending, be that in person or by proxy, attending the meeting) that are willing to demand a poll. i.e. of the total shares in issue there may only be members holding (in person, or by proxy) 50% of the shares in attendance, so it is feasible that were you, or any other individual (such as Slater attending as proxy on behalf of the HL nominee shareholders, for example), to demand a poll that individual in isolation may hold 10% of the voting rights of those attending the meeting, even though they do not represent 10% of all the shares currently in issue.
4) less likely than either 2) or 3), but there may be an individual, or group, who are attending the meeting, be that in person or by proxy, holding 10% of the voting rights of all the shares in issue. i.e. if you yourself held the proxy of 10% of the shares in issue, or perhaps cumulatively along with Slater’s proxy holding, amount to 10% of the total shares in issue, who together could demand a poll be held.
From what you have said to date, option 2 has the greatest likelihood to succeed, but it is critical that this demand for a poll to be taken is made ahead of the results of a show of hands being announced.
i.e. ensure that is the first point of order of the meeting.
IMHO