Proxy for 03.31.17 Special Meeting

PROXY ... DO NOT USE THOSE FROM ADMIN/COMMERCIAL CONTROLLED BOARD if attending the expected very contentious meeting.

The proxy as written does not comply with the By-Laws of the Soho Central Condominium Corporation (SCCC).  Please note that the proxy being distributed either via mailbox or email or by hands going door-to-door, has the following which violates the last sentence of Section 8 of the By-Laws:  "This proxy shall be effective for five (5) years from execution hereof or for such maximum period as allowed by law."

You will note that in the Corporation Code of the Philippines the maximum period for a proxy is limited as to its being "valid and effective."  The By-Laws of the Soho Central Condominium Corporation define the period for SCCC meetings to be "valid only either for the next annual or special meeting after the execution of the proxy or any adjournment thereof."  So the distributed proxy would seem to violate the By-Laws.

THE CORPORATION CODE OF THE PHILIPPINES
[Batas Pambansa Blg. 68]

TITLE VI - MEETINGS

Sec. 58. Proxies. - Stockholders and members may vote in person or by proxy in all meetings of stockholders or members. Proxies shall in writing, signed by the stockholder or member and filed before the scheduled meeting with the corporate secretary. Unless otherwise provided in the proxy, it shall be valid only for the meeting for which it is intended. No proxy shall be valid and effective for a period longer than five (5) years at any one time. (n)

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BY-LAWS OF THE SOHO CENTRAL CONDOMINIUM CORPORATION

MEETINGS OF MEMBERS

Section 8. Proxy. – Any member or representative as defined in Section 4 hereof, may be represented by a proxy in all the meetings of the members of the corporation. The proxy must be in writing, designating the representative by name, signed by the member or the representative and duly presented to the Secretary for inspection and recording before the opening of the meeting.

Proxies shall be valid only either for the next annual or special meeting after the execution of the proxy or any adjournment thereof. The presence of the member at the meeting shall revoke the proxy heretofore executed by him and such member shall be entitled to vote at such meeting in the same manner and with the same effect as if he had not executed a proxy.

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Please do not use the proxies giving powers to the Board.  Please only have those you know & trust given such powers in your name.  If you have already handed in this proxy, cancel it by sending a notification in writing and making a new proxy marked with a date and time.  

The proxy created in the past which has only the wording required giving no automatic powers to the Board is linked here - https://drive.google.com/file/d/0B0Sq5pyrVRznUl8wYkRDUXRsNnM/view?usp=sharing .

If going, please seriously consider having legal counsel and write your concise questions and concerns prior to attending so as to not forget.