Everything you need to know about proxies in General Meetings
Key moments in any organization’s calendar often include the General Assembly (GA), a time for crucial decision-making. However, not all stakeholders can attend in person. This is where proxy voting comes into play, allowing you to delegate your voting power to someone else. Here’s everything you need to know about proxy voting in a General Assembly!
What is Proxy Voting in a General Assembly?
Proxy voting in a general assembly allows you to be represented by someone else in case you cannot attend in person. This designated individual, known as your proxy, will cast a vote on your behalf.
The proxy power gives the represented person the ability to:
• Participate in deliberations and votes
• Discuss proposals during the General Assembly
Of course, during proxy voting, the proxy is required to follow the direction of your vote. Proxy voting is important not just because it enables you to vote without being physically present, but also because it helps ensure the General Assembly proceeds smoothly, especially when a quorum is required. It informs the property manager or other stakeholders of your absence, which is crucial in ensuring that all decisions are valid.
Who Can Be Represented by Proxy?
Two people are involved in a proxy vote: the person being represented and the proxy representative. Understanding the role of each party is essential to correctly carrying out a proxy in a General Assembly.
• The Represented Person (Mandant): This is the individual who gives the proxy. They delegate their decision-making power to their representative, who will vote on their behalf.
• The Representative (Mandataire): This person will cast a vote in the General Assembly on behalf of the represented individual.
How to Draft a Proxy for a General Assembly?
If you plan to vote by proxy in an upcoming General Assembly, here’s how to properly draft your proxy.
The proxy must be in writing, signed, and dated by the person giving the proxy. The proxy letter should contain specific mandatory information. It’s also possible to digitalize the proxy via an electronic voting platform in just a few clicks.
Duration of Proxy Voting in a General Assembly
A proxy only remains valid for the General Assembly where it was issued. It is not permanent and must be renewed if required for subsequent assemblies.
Frequently Asked Questions
Still have questions about proxy voting in General Assemblies? Here’s a quick FAQ:
FAQ
What is the legal validity of a proxy in a General Assembly?
The person granting the proxy retains full rights and can perform the acts delegated in the assembly themselves.
Who can revoke a proxy?
The person who granted the proxy can revoke it at any time, even before its expiration. It is recommended to do so in writing.
Does a proxy need to be handwritten?
Although traditionally handwritten, the law now recognizes electronic proxies, providing they meet the legal requirements. Proxy voting can be done digitally through a voting platform.
By understanding the ins and outs of proxy voting, you can ensure your voice is heard even if you cannot attend the General Assembly in person.
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