QUOTE(earthcrystal @ May 22 2016, 04:15 PM)
Questions on proxy for Management Corporation AGM where all the owners here has no arrears ...
Q1. If this parcel has more than one name (ie MrA, MrB and MrC), MrA has to use a proxy to choose MrC; MrB has to use a proxy to choose MrC. MrC can be nominated for MC; MrC can nominated another owner and MrC can vote.
Q2. If this parcel belongs to a Sdn Bhd company, this company can use the proxy to choose a MrsA. MrsA can be nominated for MC; MrsA can nominated another owner and MrsA can vote.
Q3. If this parcel belongs a single owner, the owner can use the proxy to choose a MrE. MrE can nominated another owner and MrE can vote.
Q4. Since 2015, the Power of Attorney is not longer applicable?
Please advise. Tq.
Section 19, Schedule 2 of the SMA 2015 does not provide for subsequent delegation of authority by Proxy. i,e, as you put it "MR C can nominated (sic) "another owner" ...
Q1
Voting rights of co-proprietors
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22. (1) Co-proprietors may vote by means of a jointly appointed proxy or by appointing anyone of themor any other person.
(2) In the absence of a proxy, co-proprietors shall not be entitled to vote on a show of hands, except where unanimous resolution is required, provided that any one co-proprietor may demand a poll.
(3) On a poll, each co-proprietor shall be entitled to such number of the votes attaching to his parcel or provisional block as is proportionate to his interest in the parcel or provisional block.
Q2
Proprietor's representative
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23. A proprietor who is not a natural person may be represented in any meeting as follows:
(a) if the proprietor is a company, by its representative duly authorized under its seal or the hand of its director, or by any duly authorized attorney or by its appointed proxy;
(b) if the proprietor is a company where a receiver or a receiver and manager is appointed, by the receiver or the receiver and manager or a person duly authorized by the receiver or the receiver and manager or by its appointed proxy;
© if the proprietor is a company which is under liquidation, by the liquidator or any person duly authorized by the liquidator or by its appointed proxy;
(d) if the proprietor is a society, by any one of its office bearers or any person duly authorized by the society or by its appointed proxy; or
(e) if the proprietor is a statutory body or any other body, by one of its members or such other duly authorized person or by its appointed proxy.
Q3.
Powers of proxies
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19. (1) Subject to subparagraph (2), a person duly appointed as a proxy if entitled to vote otherwise as a proxy, may also vote in his own right.
Q4.
Still valid, what makes you think it's not applicable? Even the SMA recognizes it.
Proxy
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18. (2) An instrument appointing a proxy if made under the hand of an attorney shall be accompanied with a copy of the power of attorney.