RE: Zaza26 Jul 2019 17:38
5p, it was myself that posted it, but you may have forgotten a rider that I had in my post that would require to have happened if indeed a no notice AGM have indeed taken place.
If an AGM had taken place (no proof that it had, just that it is a potential option within the Articles) then there would have been resolutions that required voted upon.
Even as a private company the shareholders still have the right to vote by proxy, and given that no invitation to vote by proxy was given then the company are either in breach of their Articles through not offering their shareholders the opportunity to vote by proxy, or they are in breach through not holding an AGM.
Had an AGM been held then the meeting must have been minuted, so in either case there must be a documentable trace, so irrelevant of which option was ultimately utilised evidence exists to that extent.
And before anyone postulates that there may have been an AGM but there were no resolutions to vote on, that is both highly illogical and impossible.
Another part of my post that I felt was critical for us as shareholders to understand, is the fact that the resolutions can be passed by a vote of hands by those attending the meeting, so if there was only the cleaner (holding 10 shares for example), the janitor (holding 100 shares for example), and one of us attending holding the cumulative proxy vote for a number of us (holding potentially 1 billion votes for example), and the cleaner and janitor voted against us at the AGM then they would win the vote.
There is an option for the votes to be counted based on the number of shares held, and it is critical that we understand how that is achieved (it is detailed in the Articles, I just don’t have them in front of me just now), otherwise we as shareholders can get steam rolled in the voting process.
Even with we shareholders holding such a cumulatively large percentage of the shares in issue let us not forget the voting power of the billions that Zama and Steve hold, which might win them the vote on a majority vote resolution, but there are normally certain votes (take overs, certain corporate actions, etc.) that require the vote to be passed by a vote in excess of 75% of the shares in issue, so we as shareholders are far from powerless.
A question on this board today is why hopeless is taking Zama and Steve to court to collect the large shareholding that they pledged if the company has no future.
Think about that for a minute, it is less to do with the current worth of that shareholding, and more to do with significantly reducing the block voting power that Zama and Steve currently have over the other shareholders.
I cannot remember if the pledge was for a cumulative 500 million shares, or if it was for 1 billion shares (500 million shares from each of Zama and Steve), but either way it would significantly reduce the voting stranglehold that they may already hold.
By the way, the above is merely IMHO.