TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
Quote:
Posted By DavidW5 on 12/11/2010 8:25 AM
Posted By TimB4 on 12/11/2010 6:41 AM
Susan,
In VA the voting must be done at the meeting (unless the governing documents say otherwise). Therefore, directed proxies is the closest you can get to voting by mail without really voting by mail.
VA also requires that nominations be taken from the floor (in addition to any candidates from a nominating committee) which makes it extremely difficult to have directed proxies.
Tim
Susan,
In VA the voting must be done at the meeting (unless the governing documents say otherwise). Therefore, directed proxies is the closest you can get to voting by mail without really voting by mail.
VA also requires that nominations be taken from the floor (in addition to any candidates from a nominating committee) which makes it extremely difficult to have directed proxies.
Tim
Tim,
Can you provide the citations for those two statements? Our last election used mail in ballots and did not permit nominations from the floor. We have an election coming up in May 2011 and I would like to provide this info to the election committee before they draft the election procedures.
Thanks,
Dave
Dave,
As I stated in a different post, I was unable to locate the sections of law that supported my statements. I need to correct that once more.
The VA Non-Stock Corporation Act, § 13.1-855 Number and election of directors,
requires that the election of Directors are to be done at the annual meeting if there are members with voting rights. Specifically [emphasis added]:
"D. Directors shall be elected or appointed in the manner provided in the articles of incorporation. If the corporation has members with voting privileges, directors shall be elected at the first annual members' meeting and at each annual meeting thereafter unless their terms are staggered under § 13.1-858. "
I do still believe that VA's requirement for nominations from the floor was repealed.
Tim