We were unable to respond to all of the on-line questions submitted at our Battle of the Proxies Seminar. Here are those questions and our answers.
Q: What about proxies that come in after the mentioned deadline time?
A: The Act is silent on this question and there are different schools of thought on this. On the one hand, many corporations accept proxies up until the time of voting. Other corporations refuse to accept proxies submitted after the deadline for registration.
Q: When speaking about arrears for 30 days or more. Does this include any amount, i.e. $30 outstanding?
A: The amount is not relevant. Section 49 of the Act states that an owner is not entitled to vote if any contributions have been in arrears for 30 days or more at the date of the meeting.
Q: What if the proxy is another unit owner that is in arrears? Is the proxy still able to vote on behalf of the unit owner?
A: The entitlement to vote and to appoint a proxy is dependent on the owner’s right to vote. As the proxyholder is the agent for the owner, it does not matter if the proxyholder is not entitled to vote on his/her own behalf.
Q: If a proxy holder signs in and the proxy is signed, but no names (for election) ticked, then you can ask them to tick the director(s) they want to vote for? The owner has authorized them to vote on their behalf — is this correct?
A: Definitely not! The proxyholder cannot tick off the directors’ names. The owner authorizes the proxyholder to vote on the owner’s behalf for directors selected by the owner.
