SS · Business Corporations Act
Part 12 — Proxies
153 Duties of registrant
registrant or the registrant's nominee and not beneficially owned by
the registrant shall not be voted unless the registrant, forthwith after
receipt of the notice of the meeting, financial statements,
management proxy circular, dissident's proxy circular and any
other documents, other than the form of proxy sent to shareholders
by or on behalf of any person for use in connection with the
meeting, sends a copy of those documents to the beneficial owner
and, except where the registrant has received written voting
instructions from the beneficial owner, a written request for voting
instructions.
(2) A registrant shall not vote or appoint a proxyholder to vote
shares registered in the registrant's name or in the name of the
registrant's nominee that the registrant does not beneficially own
unless the registrant receives voting instructions from the beneficial
owner.
(3) A person by or on behalf of whom a solicitation is made shall,
at the request of a registrant, forthwith furnish to the registrant at
that person's expense the necessary number of copies of the
documents referred to in subsection (1) other than copies of the
document requesting voting instructions.
(4) A registrant shall vote or appoint a proxyholder to vote any
shares referred to in subsection (1) in accordance with any written
voting instructions received from the beneficial owner.
(5) If requested by a beneficial owner, a registrant shall appoint the
beneficial owner or a nominee of the beneficial owner as
proxyholder.
(6) The contravention of this section by a registrant does not
render void any meeting of shareholders or any action taken at a
meeting of shareholders.
(7) Nothing in this section gives a registrant the right to vote
shares that the registrant is otherwise prohibited from voting.
(8) A registrant who knowingly contravenes this section is guilty
of an offence and liable to a fine of not more than $5000 or to
imprisonment for a term of not more than 6 months or to both.
(9) If the registrant who contravenes this section is a body
corporate, then, whether or not the body corporate has been
prosecuted or convicted in respect of the contravention, any
director or officer of the body corporate who knowingly authorizes,
permits or acquiesces in the contravention is also guilty of an
RSA 2000
offence and liable to a fine of not more than $5000 or to
imprisonment for a term of not more than 6 months or to both.
1981 cB-15 s147