Constitution

CONSTITUTION OF THE ASSOCIAZIONE DI RICERCATORI ITALIANI IN AUSTRALASIA –South Australia

1. NAME

The name of the incorporated association is the “Associazione di Ricercatori Italiani in Australasia –South Australia”, referred to herein as “the association”.

2. DEFINITIONS

“Act” means the Associations Incorporation Act 1985 “committee” means the executive committee of the association “financial year” means the year ending on 30 June; “general meeting” means a general meeting of members of the association convened

in accordance with these rules “member” means a member of the association; “Regulations” means regulations under the Act; “special resolution” means a special resolution defined in the Act “month” shall mean a calendar month.

3. OBJECTS OF THE ASSOCIATION

The objects of the association are i) To foster research cooperation between Italy and Australia.ii) To provide a point of contact for Italian and Australian researchers and between Australian and Italian research organisations, governmental institutions and companies.

4. POWERS OF THE ASSOCIATION

The powers of the association are subject to the Act and these rules. The association shall have all the powers conferred by section 25 of the Act.

5. MEMBERSHIP

a) A person who applies for membership as provided in this Constitution, supports the objects of the association and agrees to be bound by its rules, is eligible to be a member of the association under this Constitution.

b) The subscription fees for membership, if any, shall be determined by the members from time to time in general meeting.

c) A person who was not a member of the association at the time of the incorporation of the association (or who was a member at that time but has ceased to be a member) must not be admitted to membership unless he or she applies for membership in accordance with sub-rule (d and e).

d) An application of a person for membership of the association must- i. be made in writing in the form set out in Appendix 1;

ii. be supported in writing by at least one member of the association in the form set out in Appendix 1;

iii. be lodged with the Secretary of the association e) The membership of eligible applicants will be granted only upon approval by

the committee at the first committee meeting held after the application is received.

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f) The Secretary must, within 28 days after acceptance of an application for membership, enter the applicant’s name in the register of members.

g) The new member is entitled to exercise the rights of membership when his or her name is entered in the register of members.

h) A right, privilege, or obligation of a person by reason of membership of the association-

i. is not capable of being transferred or transmitted to another person; and

ii. terminates upon cessation of membership.

5.1 RESIGNATIONS a) A member of the association may cease to be a member of the association upon giving notice to the Secretary of his or her intention. b) After the member ceases to be a member, the Secretary must record in the register of members the date on which the member ceased to be a member.

5.2 SUSPENSION AND EXPULSION OF MEMBERS a) Subject to this Constitution, if the committee is of the opinion that a member

has refused or neglected to comply with this Constitution, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the association, the committee may resolve to-

i. suspend that member from membership of the association for a specified period; or

ii. expel that member from the association. b) A resolution of the committee under sub-rule (a) does not take effect unless-

i. at a meeting held in accordance with sub-rule (c), the committee confirms the resolution; and

ii. if the member exercises a right of appeal to the association under this rule, the association confirms the resolution in accordance with this rule.

c) A meeting of the committee to confirm or revoke a resolution passed under sub-rule (a) must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with sub-rule (d).

d) For the purposes of giving notice in accordance with sub-rule (c), the Secretary must, as soon as practicable, cause to be given to the member a written notice-

i. setting out the resolution of the committee and the grounds on which it is based; and

ii. stating that the member, or his or her representative, may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and

iii. stating the date, place and time of that meeting; and iv. informing the member that he or she may attend that meeting or give to

the committee, before the date of that meeting, a written statement

seeking the revocation of the resolution; v. informing the member that, if at that meeting, the committee confirms

the resolution, he or she may not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the association in a general meeting against the resolution.

e) At a meeting of the committee to confirm or revoke a resolution passed under sub-rule (a), the committee must-

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i. give the member, or his or her representative, an opportunity to be heard; and

ii. give due consideration to any written statement submitted by the member; and

iii. determine by resolution whether to confirm or to revoke the resolution. f) If at the meeting of the committee, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the association in a

general meeting against the resolution. g) If the Secretary receives notice under sub-rule (f), he or she must notify the

committee and the committee must convene a general meeting of the association to be held within 21 days after the date on which the Secretary received the notice.

h) At a general meeting of the association convened under sub-rule (g)- i. no business other than the question of the appeal may be conducted; and

ii. the committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and

iii. the member, or his or her representative, must be given an opportunity to be heard; and

iv. the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.

i) A resolution is confirmed if, at the general meeting, not less than half of the members present (or represented by proxy) vote in person (or by proxy) in favour of the resolution. In any other case, the resolution is revoked.

5.3 REGISTER OF MEMBERS a) A register of members must be kept and contain:

i. ii. iii.

the name and address of each member; the date on which each member was admitted to the association; and if applicable, the date of, and reason(s) for, termination of membership.

b) It is the responsibility of members to notify of change of address

6. THE EXECUTIVE COMMITTEE

6.1 COMPOSITION, POWERS AND DUTIES a) The affairs of the association shall be managed and controlled by the executive

committee which in addition to any powers and authorities conferred by these rules may exercise all such powers and do all such things as are within the objects of the association, and are not by the Act or by these rules required to be done by the association in general meeting.

b) The committee has the management and control of the funds and other property of the association.

c) The committee has the power to accept or reject applications for membership as described in sub-rule 5e.

d) The committee shall have authority to interpret the meaning of these rules and any other matter relating to the affairs of the association on which these rules are silent.

e) The committee shall appoint a public officer as required by the Act. f) Subject to section 23 of the Act, the committee shall consist of-

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i. the officers of the association, each of whom shall be elected at the annual general meeting of the association for the duration of a two (2) year term;

ii. two ordinary members elected at the annual general meeting of the association for the duration of a one (1) year term.

g) The officers of the association shall be a President; a Vice President; a Treasurer; a Secretary.

6.2 APPOINTMENT a) Nominations of candidates for election of officers of the association or as

ordinary members of the committee must be – i. made in writing, signed by two members of the association and

accompanied by the written consent of the candidate (which may be

endorsed on the form of nomination); and ii. delivered to the Secretary of the association not less than 7 days before

the date fixed for the holding of the annual general meeting. b) A candidate may only be nominated for one office. c) A committee member shall be a natural person. d) If insufficient nominations are received to fill all vacancies on the

committee, the candidates nominated shall be deemed to be elected and

further nominations may be received at the annual general meeting. e) If the number of nominations received is equal to the number of vacancies

to be filled, the persons nominated shall be deemed to be elected. f) If the number of nominations exceeds the number of vacancies to be filled,

a ballot must be held. g) The ballot for the election of officers and ordinary members of the

committee must be conducted at the annual general meeting in such

manner as the committee may direct. h) Each officer of the association shall hold office until the expiration of

his/her term, but is eligible for re-election at the annual general meeting

for up to two consecutive terms. i) Subject to this Constitution, the ordinary members of the committee shall

hold office until the annual general meeting next after the date of election,

but are eligible for re-election for up to two consecutive terms. j) The office of an officer of the association, or of an ordinary member of the

committee, becomes vacant if the officer or member- i) ceases to be a member of the association; or ii) resigns from office by notice in writing given to the Secretary.

k) In the event of a casual vacancy occurring in the committee, the committee may appoint a member of the association to fill the vacancy and the member appointed shall hold office, subject to this Constitution, until the conclusion of the annual general meeting next following the date of appointment.

6.3 MEETINGS OF THE COMMITTEE a) The committee must meet at least 3 times in each year at such place and

such times as the committee may determine. b) Special meetings of the committee may be convened by the President or by

any other member of the committee.

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c) Written notice of each committee meeting must be given to each member of the committee at least seven (7) business days before the date of the meeting.

d) Any four (4) members of the committee constitute a quorum for the conduct of the business of a meeting of the committee.

e) No business may be conducted unless a quorum is present. f) If within half an hour of the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same place and the

same time and day in the following week. g) At meetings of the committee-

i. the President presides; or ii. if the President is absent, or unable to preside, the Vice President

presides; or iii. if the Vice President is absent, or unable to preside, the members present

must choose one of their number to preside. h) Questions arising at a meeting of the committee, or at a meeting of any

sub-committee appointed by the committee, shall be determined on a show of hands or, if a member requests, by poll taken in such manner as the person presiding at that meeting may determine.

i) Each member present at a meeting of the committee, or at a meeting of any sub-committee appointed by the committee (including the person presiding at the meeting), is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

6.4. DISCIPLINE, SUSPENSION AND REMOVAL OF COMMITTEE MEMBER a) Subject to this Constitution, if the committee is of the opinion that a member of the committee has refused or neglected to comply with this Constitution, or has been guilty of conduct unbecoming a member or prejudicial to the

interests of the association, the committee may resolve to- i. suspend that member from the committee of the association for a

specified period; or ii. remove that member from the committee of the association; or

iii. expel that member from the association. b) A resolution of the committee under sub-rule (a) does not take effect unless-

i. at a meeting held in accordance with sub-rule (c), the committee confirms the resolution; and

ii. if the member exercises a right of appeal to the association under this rule, the association confirms the resolution in accordance with this rule.

c) A meeting of the committee to confirm or revoke a resolution passed under sub-rule (a) must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with sub-rule (d).

d) For the purposes of giving notice in accordance with sub-rule (c), the Secretary must, as soon as practicable, cause to be given to the member a written notice-

i. setting out the resolution of the committee and the grounds on which it is based; and

ii. stating that the member, or his or her representative, may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and

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Rules of the “Associazione di Ricercatori Italiani in Australasia” (Annex A), lodged by Enzo Lombi, 14 Menura Ave. Glenalta, SA5052, Tel 08 83038476.

iii. stating the date, place and time of that meeting; and iv. informing the member that he or she may attend that meeting or give to

the committee, before the date of that meeting, a written statement

seeking the revocation of the resolution; v. informing the member that, if at that meeting, the committee confirms

the resolution, he or she may not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the association in general meeting against the resolution.

e) At a meeting of the committee to confirm or revoke a resolution passed under sub-rule (a), the committee must-

i. give the member, or his or her representative, an opportunity to be heard; and

ii. give due consideration to any written statement submitted by the member; and

iii. determine by resolution whether to confirm or to revoke the resolution. f) If at the meeting of the committee, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the association in general

meeting against the resolution. g) If the Secretary receives notice under sub-rule (f), he or she must notify the

committee and the committee must convene a general meeting of the association to be held within 21 days after the date on which the Secretary received the notice.

h) At a general meeting of the association convened under sub-rule (g)- i. no business other than the question of the appeal may be conducted;

and ii. the committee may place before the meeting details of the grounds for

the resolution and the reasons for the passing of the resolution; and iii. the member, or his or her representative, must be given an opportunity

to be heard; and iv. the members present must vote by secret ballot on the question

whether the resolution should be confirmed or revoked. i) A resolution is confirmed if, at the general meeting, not less than half of the members vote in person, or by proxy, in favour of the resolution. In any other

case, the resolution is revoked.

7. THE SEAL

a) The association shall have a common seal upon which its corporate name shall appear in legible characters.

b) The common seal of the association must be kept in the custody of the Secretary.

c) The common seal must not be affixed to any instrument except by the authority of the committee and the affixing of the common seal must be attested by the signatures either of two members of the committee or, one member of the committee and of the public officer of the association

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8. GENERAL MEETINGS

8.1 ANNUAL GENERAL MEETINGS

a) The committee may determine the date, time and place of the annual general meeting of the association

b) The notice convening the annual general meeting must specify that the meeting is an annual general meeting.

c) The ordinary business of the annual general meeting shall be- i. to confirm the minutes of the previous annual general meeting and of

any general meeting held since that meeting; and ii. to receive from the committee reports upon the transactions of the

association during the last preceding financial year; and iii. to elect officers of the association and the ordinary members of the

committee; and d) The annual general meeting may conduct any special business of which

notice has been given in accordance with this Constitution.

8.2 SPECIAL GENERAL MEETINGS a) In addition to the annual general meeting, any other general meeting may be

held in the same year. b) All general meetings other than the annual general meeting are special

general meetings. c) The committee may, whenever it thinks fit, convene a special general

meeting of the association. d) If, but for this sub-rule, more than 15 months would elapse between annual

general meetings, the committee must convene a special general meeting

before the expiration of that period. e) The committee must, on the request in writing of not less than 6 members,

convene a special general meeting of the association. f) The request for a special general meeting must-

i. ii. iii.

state the objects of the meeting; and be signed by the members requesting the meeting; and be sent to the postal address of the association for the Secretary’s attention.

g) If the committee does not cause a special general meeting to be held within one month after the date on which the request is sent to the address of the Secretary, the members making the request, or at least 50% of their number, may convene a special general meeting to be held not later than 3 months after that date.

h) If a special general meeting is convened by members in accordance with this Constitution, all reasonable expenses incurred in convening the special general meeting must be refunded by the association to the persons incurring the expenses.

8.3 NOTICE OF GENERAL MEETINGS a) The Secretary of the association, at least 14 days, or if a special resolution

has been proposed at least 21 days, before the date fixed for holding a general meeting of the association, must cause to be sent to each member of the association, a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting.

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b)

c) d)

Notice may be sent- i. by prepaid post to the address appearing in the register of members; or

ii. by electronic or facsimile transmission to the address appearing in the register of members

No business other than that set out in the notice convening the meeting may be conducted at the meeting. A member intending to bring any business before a meeting may notify in writing, or by electronic transmission, the Secretary of the association, who must include that business in the notice calling the next general meeting.

8.4 PROCEEDINGS AT GENERAL MEETINGS a) No item of business may be conducted at a general meeting unless a quorum

of members entitled under this Constitution to vote is present at the time

when that item is considered at the meeting. b) Five members personally present constitute a quorum for the conduct of the

business of a general meeting. c) If, within half an hour after the appointment time for the commencement of

a general meeting, a quorum is not present- in the case of a meeting convened upon the request of members –

i. the meeting must be dissolved; and ii. in any other case – the meeting shall stand adjourned to the same day in

the next week at the same time and (unless another place is specified by the Chairperson at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place.

d) If at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members personally present (being not less than 3) shall be a quorum.

e) The President shall reside as Chairperson at each general meeting of the association.

f) If the chairperson is not present within five minutes after the time appointed for holding the meeting, or he or she is present but declines to take or retires from the chair, the members may choose a committee member or one of their own number to be the chairperson of that meeting.

8.5 VOTING AT GENERAL MEETINGS a) Upon any question arising at a general meeting of the association, a member

has one vote only. b) All votes must be given personally or by proxy. c) Unless a poll is demanded by at least 3 members, a question for decision at a

general meeting must be determined by a show of hands. d) Subject to these rules, a question for decision at a general meeting, other than a special resolution, must be determined by a majority of members who

vote in person or by proxy, at that meeting. e) In the case of an equality of voting on a question, the Chairperson of the

meeting is entitled to exercise a second or casting vote. f) An entry in the minute book of the association is evidence of the vote and of

its result, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.

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8.6 POLL AT GENERAL MEETINGS a) If at a meeting a poll on any question is demanded by not less than 3

members, it must be taken at that meeting in such manner as the Chairperson may direct and the resolution of that poll shall be deemed to be a resolution of the meeting on that question.

b) A poll that is demanded on the election of a Chairperson or on a question of an adjournment must be taken immediately and a poll that is demanded on any other question must be taken at such time before the close of the meeting as the Chairperson may direct.

8.7 SPECIAL AND ORDINARY RESOLUTIONS a) A special resolution is a special resolution as defined in the Act. b) An ordinary resolution is a resolution passed by a simple majority at a

general meeting.

8.9 PROXIES a) A member shall be entitled to appoint in writing a natural person who is also

a member of the association to be their proxy, and attend and vote at any

general meeting of the association. b) The notice appointing the proxy must be in the form set out in Appendix 2.

9. MINUTES

a) Proper minutes of all proceedings of general meetings of the association and of meetings of the committee, shall be entered within one month after the relevant meeting in minute books kept for the purpose.

b) The minutes kept pursuant to this rule must be confirmed by the members of the association or the members of the committee (as relevant) at a subsequent meeting.

c) The minutes kept pursuant to this rule shall be signed by the chairperson of the meeting at which the proceedings took place or by the chairperson of the next succeeding meeting at which the minutes are confirmed.

d) Where minutes are entered and signed they shall, until the contrary is proved, be evidence that the meeting was convened and duly held, that all proceedings held at the meeting shall be deemed to have been duly held, and that all appointments made at a meeting shall be deemed to be valid.

10. DISPUTE RESOLUTION

a) The grievance procedure set out in this rule applies to disputes under this Constitution between a member and the association.

b) The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all the parties.

c) If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 20 days, hold a meeting in the presence of a mediator.

d) The mediator is an independent third person agreed to by the parties e) The mediator cannot be a member who is a party to the dispute. f) The parties to the dispute must, in good faith, attempt to settle the dispute by

mediation. g) The mediator, in conducting the mediation, must-

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i. give the parties to the mediation process every opportunity to be heard; and

ii. allow due consideration by all parties of any written statement submitted by any party; and

iii. ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.

h) The mediator must not determine the dispute. i) Any costs involved in the appointment of a mediator must be shared equally

by both parties to the dispute. j) If the mediation process does not result in the dispute being resolved, the

parties may seek to resolve the dispute in accordance with the Act otherwise by law.

11. FINANCIAL REPORTING

11.1 FINANCIAL YEAR The first financial year of the association shall be the period ending on the next 30 June following incorporation, and thereafter a period of 12 months commencing on 1 July and ending on 30 June of each year.

11.2 ACCOUNTS TO BE KEPT

a) b)

c) d)

e) f)

The association shall keep and retain such accounting records as are necessary to correctly record and explain the financial transactions and financial position of the association in accordance with the Act. The Treasurer of the association must-

i. collect and receive all moneys due to the association and make all payments authorised by the association; and

ii. keep correct accounts and books showing the financial affairs of the association with full details of all receipts and expenditure connected with the activities of the association.

All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by the President together with either the Vice- President or the Secretary. All accounts, books, securities and any other relevant documents of the association must be available for inspection free of charge by any member upon written request.

Upon written request, a member may make a copy of any accounts, books, securities and any other relevant documents of the association. The funds of the association shall be derived from fundraising activities, sponsorships, donations and other sources as the committee determines.

12. PROHIBITION AGAINST SECURING PROFITS FOR MEMBERS

The income and capital of the association shall be applied exclusively to the promotion of its objects and no portion shall be paid or distributed directly or indirectly to members or their associates except as bona fide remuneration of a member for services rendered or expenses incurred on behalf of the association.

13. WINDING UP

The association may be wound up in the manner provided for in the Act.

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Rules of the “Associazione di Ricercatori Italiani in Australasia” (Annex A), lodged by Enzo Lombi, 14 Menura Ave. Glenalta, SA5052, Tel 08 83038476.

14. APPLICATION OF SURPLUS ASSETS

a) If after the winding up of the association there remains “surplus assets” as defined in the Act, such surplus assets shall be distributed to any organisation which has similar objects and has rules which prohibit the distribution of its assets and income to its members.

b) Such organisation or organisations shall be identified and determined by a resolution of members in general meeting.

15. RULES

a) These rules may be altered (including an alteration to the association’s name) by special resolution of the members of the association. This includes recision or replacement by substitute rules.

b) The alteration shall be registered with the Office of Consumer and Business Affairs, Corporate Affairs and Compliance Branch, as required by the Act.

c) The registered rules shall bind the association and every member to the same extent as if they have respectively signed and sealed them, and agreed to be bound by all of the provisions thereof.

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Rules of the “Associazione di Ricercatori Italiani in Australasia” (Annex A), lodged by Enzo Lombi, 14 Menura Ave. Glenalta, SA5052, Tel 08 83038476.

APPENDIX 1 APPLICATION FOR MEMBERSHIP OF THE ASSOCIAZIONE DI

RICERCATORI ITALIANI IN AUSTRALASIA – SOUTH AUSTRALIA

Member of the “Associazione di Ricercatori Italiani in Australasia – South Australia” supporting the application:

MEMBERSHIP FORM

Name:

Address:

Telephone numbers:

Business Home Mobile

Fax number:

E-mail:

Research activity/interests:

Date:

Signed:

Name:

Address:

Date:

Signed:

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Rules of the “Associazione di Ricercatori Italiani in Australasia” (Annex A), lodged by Enzo Lombi, 14 Menura Ave. Glenalta, SA5052, Tel 08 83038476.

APPENDIX 2

I, (name)________________________________________ of (address) _____________________________ _____________________________________________________________________ being a member of the “Associazione di Ricercatori Italiani in Australasia – South Australia” appoint (name of proxy holder) _________________________________________ of (address of proxy holder) _____________________________________________________ _____________________________________________________________________

being a member of the “Associazione di Ricercatori Italiani in Australasia – South Australia”, as my proxy to vote for me on my behalf at the annual/special (delete whichever is not applicable) general meeting of the “Associazione di Ricercatori Italiani in Australasia – South Australia” to be held on (date of meeting) _______________ and at may adjournment of that meeting.

Signed,

Date,

FORM OF APPOINTMENT OF PROXY

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