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Heineken Malaysia Berhad
Company no. 5350-X
Page
23 of 51
68.
If any vote shall have been counted which ought not to have been
counted, or might have been rejected, the error shall not vitiate the
result of the voting unless it be pointed out at the same meeting or at
an adjournment thereof and unless in the opinion of the Chairman at
the meeting or any adjournment thereof as the case may be, it shall
be of sufficient importance to vitiate the results of the poll.
Counting of
votes
69.
A poll shall be taken in such manner as the Chairman may direct and
the result of a poll shall be deemed the resolution of the meeting at
which the poll was taken. The poll may be conducted manually using
voting slips or electronically using various forms of electronic voting
devices. The Chairman shall appoint scrutineers for the purposes of a
poll in accordance with the Applicable Laws of Malaysia, and may
adjourn the meeting to some place and time fixed by him for the
purpose of declaring the results of the poll.
Taking of
poll
VOTE OF MEMBERS
70.
In the case of an equality of votes on a poll, the Chairman of the
meeting at which the poll takes place, shall not have a second or
casting vote.
Chairman’s
casting vote
71.
71.1 Subject to Clause 56 above and any rights or restrictions for the
time being attached to any class or classes of shares, at
meetings of members or classes of members, each member
shall be entitled to be present and to vote at any meeting of
members (including annual general meetings) of the Company
either personally or by proxy or by attorney and to be reckoned
in a quorum in respect of shares fully paid and in respect of
partly paid shares where calls are not due and unpaid.
71.2 Subject to any special rights or restrictions as to voting attached
to any class or classes of shares by or in accordance with this
Constitution, on a poll every member present in person or by
proxy or by attorney or other duly authorised representative
shall have one vote for every share held by him. A person
entitled to more than one vote need not use all his votes or cast
all the votes he uses on a poll in the same way.
On a resolution to be decided on a show of hands, a holder of
ordinary shares or preference shares who is personally present
and entitled to vote shall be entitled to one (1) vote.
Members’
vote
Number of
votes
72.
Any corporation which is a member of the Company may by resolution
of its Directors or other governing body authorise such person as it
thinks fit to act as its representative either at a particular meeting of
members of the Company, or at all meetings of members of the
Company or any class of members and the person so authorised shall,
in accordance with his authority and until his authority is revoked by
the corporation, be entitled to exercise the same powers on behalf of
the corporation which he represents as that corporation could
exercise if it were an individual member of the Company.
Votes of
corporation