Cap. 631 · Pre-Insolvency Act (Cap. 631)
Cap. 631 чл. 22Holding of meetings.
PART IV
(1) Notwithstanding anything contained within the constitutive instruments of the debtor or any instruments ancillary thereto, any meeting convened or held in terms of this Act may be validly held remotely in accordance with this article:
Provided that where a meeting is not held remotely, any person entitled to be present at the meeting may still attend such meeting remotely, and all of the requirements applicable to the holding of a remote meeting in terms of this article shall apply in the interest of those persons attending remotely.
(2) It shall be the responsibility of the insolvency practitioner to ensure that sufficient technological means are available, at the place of the meeting, to enable any persons attending the meeting remotely to effectively follow and participate in the discussion.
(3) Any person entitled to be present at a meeting shall, notwithstanding any provision or agreement to the contrary, be entitled to appoint another person as their proxy to attend the meeting and, if necessary, take any decision relevant to their interests, and vote for and on their behalf.
(4) The appointment of a proxy shall be in writing and may be recorded electronically, and proof of such appointment shall be provided to the insolvency practitioner prior to the meeting.
(5) Every notice calling a meeting in terms of this Act shall be in writing and may be transmitted by means of electronic mail, by not later than seven (7) days from the meeting and shall include, with reasonable prominence:
(a) a statement that persons may attend the meeting remotely;
(b) a statement that persons shall be entitled to appoint a proxy that, for the avoidance of doubt, may also attend the meeting remotely;
(c) details regarding the means to be used to attend the meeting remotely; and
(d) the procedure regulating how any person entitled to attend may participate in the discussion.