Indigenisation and Economic Empowerment Act updated May 2011
but shall not have any further powers
52.2 For the purpose of this paragraph, an extraordinary resolution means a resolution
passed by a majority consisting of not less than seventy-five percent (75%) of the total number
of votes cast for and against the resolution.
PART 12
VOTING RIGHTS
Voting rights on deposited property
53.1 Except as otherwise expressly provided, all rights of voting conferred by any of the
deposited property shall be exercised in such manner as the managers may in writing direct and
the managers may refrain at their own discretion from the exercise of any voting rights and no
unit holder shall have any right to interfere or complain.
53.2 The Board shall upon written request by the managers, and at its expense, from time
to time execute and deliver or cause to be executed or delivered to the managers or their
nominees sufficient powers of attorney or proxies, in such name or names as the managers may
request, authorising such attorneys and proxies to vote, consent or otherwise act in respect of all
or any part of the deposited property.
53.3 The managers shall be entitled to exercise such rights in what they may consider to the
best interests of the unit holders, but neither the managers nor the Board shall be under any
liability or responsibility in respect of the management of the investment in question or in
respect of any vote, action or consent given or taken or not given or taken by the managers
whether in person or by proxy or power of attorney, nor shall they incur any liability or
responsibility by reason of any error of law or mistake of fact or any matter or thing done or
omitted to be done by the Board or managers or by the holder of such proxy or power of
attorney under this Schedule.
53.4 The phrase “rights of voting” or the word “vote” used in this paragraph shall be
deemed to include not only a vote at a meeting but any consent to or approval of any
arrangement, scheme or resolution or any alteration in or abandonment of any rights attaching to
any part of the deposited property and the right to requisition or join in a requisition to convene
any meeting or to give notice of any resolution or to circulate any statement.
PART 13
ADVERTISING
Advertisements
54 No advertisement, circular or other document of that nature containing any statement
with reference to the issue price of units or the yield therefrom or containing any invitation to
buy units shall be issued by or on behalf of the managers until the Board have approved the
terms of the document.
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