This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Indiana Member's General Proxy for Meetings of the Members of a Nonprofit Corporation
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How to fill out Member's General Proxy For Meetings Of The Members Of A Nonprofit Corporation?
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FAQ
There is no specific law precluding a Board member from granting a proxy to a third party to appear at a Board meeting in place of such Board member. However, it is basic general corporate law that a Board member cannot give a proxy to someone to appear and vote in his place at a meeting.
A proxy is a document that authorizes an owner to appoint someone else to represent and vote for them. By giving someone proxy, you're saying that they can cast your ballot at an HOA meeting on your behalf. Owners may decide to vote by proxy because: They want to vote at an owners meeting, but can't physically be there.
Sub-section (1) of section 105 enables a member, who is entitled to attend and vote to appoint another person as a proxy to attend and vote at the meeting on his behalf. However, a proxy so appointed cannot speak at a meeting though he may vote on poll.
A general proxy authorizes the person to whom it is entrusted to exercise general discretion throughout the matter in hand, while a special proxy limits the authority to some special proposal or resolution.
In all probability, no. Unless your state nonprofit corporation law provides specific statutory authority for proxy voting by directors (and only a few provide some limited authority to do so), the general rule is that directors may not vote by proxy.
A proxy for representation of a corporate stockholder at a corporate meeting which empowers the proxy to do all that the principal might do if present at the meeting. A general proxy allows a proxy holder to vote on any matter that may be undertaken.
A: The short answer to your question is that members of the board of directors cannot use proxies to vote at board meetings when the director is not in attendance at the meeting. However, unit owners can use proxies to participate at membership meetings they do not physically attend.
A limited proxy form is one in which the owner has specified how the proxy holder is to vote on a specific issue. With a limited proxy, the proxy holder may not decide how the owner's vote will be cast, and the owner's vote must be counted as indicated on the limited proxy form.
A proxy can vote only in the principal's absence, not when the principal is present and voting. Where the authority conferred upon a proxy is limited to a designated or special purpose, a vote for another and different purpose is ineffective.
Under the Code, each nonprofit corporation shall have a board of directors and each director shall have one vote on each matter presented to the board of directors for action. However, a director shall not vote by proxy.
