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Right to demand a poll 178.-(1) Subject to subsection (1B), any provision in a company's constitution shall be void in so far as it would
Right to demand a poll 178.-(1) Subject to subsection (1B), any provision in a company's constitution shall be 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 Informal Consolidation - version in force from 1/4/2017 to 23/5/2017 2006 Ed. Companies CAP. 50 330 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 not less than 5 members having the right to vote at the meeting; (ii) by a member or members representing not less than 5% of the total voting rights of all the members having the right to vote at the meeting; or [Act 36 of 2014 wef 03/01/2016] (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 not less than 5% of the total sum paid up on all the shares conferring that right; or [Act 36 of 2014 wef 03/01/2016] (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 72 hours before a{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 T2 hours before a meeting or adjoumed meeting in order that the appointment may be effective thereat. [At-r 3s arson \"grammars; {1A} Notwithstanding subsection (1)05], where any provision of the constitution of a company incolporated before the date of conunencement of section 94 of the Companies (Amendment) Act 2t] 14 is void under subsection {le}(ii} or {iii}, a demand for a poll on any question or matter other than the election of the chairman of the meeting or the adjoumment of the meeting may be made {a} by a member or members representing not less than 5% of the total voting rights of all the members having the right to vote at the meeting; or {b} by a member or members holding shares in the company conferring a right to vote at the meeting, being shares on which an aggregate stun has been paid up equal to not less Informal Consolidation version in force from leZl'? to Bftll? 33] CAP. 5|] Companies Ems Ea. than 5% of the total sum paid up on all the shares conferring that right. [Act 35 9:20\" \"gramme\"; (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. (3] A person entitled to vote on a poll at a meeting shall be deemed to be a person entitled to vote for the pulposes of this Act. pic: 35 one\" mammals
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