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Proxy votes and deadock


Guest JB

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Posted

Please provide guidance: Our board voted on whether or not to accept a proposal. Two members gave their proxy to designated members and the vote was deadlocked 6-6. Did the motion fail or is a re-vote necessary?

Posted

Also, in my experience, it is VERY rare for board members to be authorized (in bylaws or laws that I have seen) to carry and vote proxies.

So I'd think it is quite likely that the two "proxy" votes were improper and, IF they could have effected the outcome, the vote should be taken again. See p. 416, lines 27-33.

But otherwise, as DAF noted, the motion was defeated. Any board member can renew the motion to accept the proposal at a later meeting, if it was indeed defeated at the meeting under consideration.

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