Proxy Designee

Started by MissyS • 5 replies • 1551 views

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MissyS (Florida)
Posts: 73

Posted:

I was surprised when I received my proxy for our annual meeting and saw the designee was the president rather than the secretary. It was my understanding the secretary was responsible for the proxies. I’m asking because our President is up for re-election. I know you can assign anyone as your designee, just thought this was unusual. Is this common?

PaulM (Pennsylvania)
Posts: 1,347

Posted:

MissyS: A proxy vote can be used if, you yourself, do not attend the meeting to cast your personal vote. Therefore, if you attend the meeting you can vote however you want. You do not need a proxy.

..."I know you can assign anyone as your designee..." Yes, this is how a proxy is normally used--for YOU to choose the person to be YOUR proxy and cast a vote on YOUR behalf. Does the proxy you received state that the President has been designated to be your proxy? Or, does the proxy state to mail/send the completed proxy to the President to be held until the meeting?

MikeS1
Posts: 668

Posted:

It sounds like the focus of the issue here is a conflict of interest when it comes to an undirected proxy. Not all proxies specify who gets the vote and the secretary gets to assign the undirected proxies. Is that the real issue here?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Missy,
The Florida Statutes state that all proxies must be in the posession of the Secretary of the Association before noon on the day of the vote count. It does not specify who shall be named as designee but usually it is the secretary. I would cross out his name and fill in who I am assigning my voting power to unless you plan on attending the meeting. Then you do not have to fill in a Proxy designee

DonnaS (Tennessee)
Posts: 5,671

Posted:

Missy,
Correction to my post. The 2007 statute 720, removed the time requirement for proxies to be in the hands of the secretary. It is 720;306 and is no longer requiring proxies to be in the posession of the Secretary of the association by noon of the vote date.

I guess that even if we know the statutes by heart, they change every year and have to be reread.

MissyS (Florida)
Posts: 73

Posted:

Yes, Mike that is the issue. I always thought the secretary gets to assign the undirected proxies not the president.

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