[MLB-WIRELESS] Re: [OT] Re: Australian Wireless Association AGM for 2003

[Nick Bannon]

On Tue, Oct 21, 2003 at 08:44:20AM +1000, Craig Mead wrote:
[...]
> "19.2 - The notice appointing the proxy shall include:
> the name of the Member wishing to appoint the proxy;
> the name of the proxy;
> the date of the Meeting for which the proxy is appointed;
> a list of the resolutions on which the proxy is authorised to vote
> including, for each resolution, whether the proxy is to vote for or
> against
> that resolution; and
> the dated signature of the Member who wishes to appoint the proxy."
>
> In reference to the final point "the dated signature of the Member "....
>
> The only form of electronic transmission which is legally binding when
> carrying a signature is by facsimile.
> 
> This makes internet based form submission and voting against our own rules.
> 
> Regards, Craig Mead
> Vice President
> Australian Wireless Association

Not at all. You don't have to interpret that so narrowly as deny direct
interstate representation.

http://www.ilaw.com.au/public/netlaw23.html

http://www.findlaw.com.au/article/736.htm

http://www.austlii.edu.au/au/legis/nsw/consol_act/eta2000256/s7.html
  New South Wales Consolidated Acts
  ELECTRONIC TRANSACTIONS ACT 2000 - SECT 7
    (1) For the purposes of a law of this jurisdiction, a transaction
	is not invalid because it took place wholly or partly by means
	of one or more electronic communications.

Electronic transactions, including email, are perfectly legally
binding. They can be forged or tampered with, just like paper, but in
case of disputes there are steps that can be taken, just like paper.

For a technically inclined group like us, I think the most elegant
approach is simply to arrange, as required, a virtual presence (IRC,
video conferencing, telephone...) for the geographically impaired.

That of course makes proxy issues irrelevant, anyway. You can simply
say "All members must be present at a [general] meeting to vote". This
removes the common use of proxies, which is to arrange decisions in
advance and stack the votes...

Nick.

-- 
   Nick Bannon   | "I made this letter longer than usual because
nick-sig at rcpt.to | I lack the time to make it shorter." - Pascal


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