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Version Superseded: 01/10/2007
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(1)A provision contained in a company’s articles is void in so far as it would have the effect either—
(a)of excluding the right to demand a poll at a general meeting on any question other than the election of the chairman of the meeting or the adjournment of the meeting; or
(b)of making ineffective a demand for a poll on any such question which is made either—
(i)by not less than 5 members having the right to vote at the meeting; or
(ii)by a member or members representing not less than one-tenth of the total voting rights of all the members having the right to vote at the meeting [F1(excluding any voting rights attached to any shares in the company held as treasury shares)] ; or
(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 one-tenth of the total sum paid up on all the shares conferring that right [F2(excluding any shares in the company conferring a right to vote at the meeting which are held as treasury shares)] .
(2)[F3The appointment of] a proxy to vote at a meeting of a company is deemed also 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 is the same as a demand by the member.
Textual Amendments
F1Words in s. 373(1)(b)(ii) inserted (1.12.2003) by The Companies (Acquisition of Own Shares)(Treasury Shares) Regulations 2003 (S.I. 2003/1116), reg. 4, {Sch. para. 22(a)}
F2Words in s. 373(1)(b)(iii) inserted (1.12.2003) by The Companies (Acquisition of Own Shares)(Treasury Shares) Regulations 2003 (S.I. 2003/1116), reg. 4, {Sch. para. 22(b)}
F3Words in s. 373(2) substituted (22.12.2000) by S.I. 2000/3373, art. 20
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