They are finding a person who can count – what could be easier? But to count owners’ votes at a general meeting, you need knowledge and a desire to communicate. The general meeting of the company’s owners is an unusual meeting where people of different views gather and decide the future of the enterprise.
The leader of the general meeting in the legislation is called the chairman; the person who draws up the papers is the secretary of the public forum. The members of the counting commission count the votes of the meeting participants. Sometimes the chairman and secretary are the same people. This is not prohibited by law and may be regulated by the papers of your enterprise.
Chairman or Secretary – What’s the difference?
Why do the chairman and secretary need two positions if they can do one job? The answer is simple:
Chairman – a person leading the general meeting is not required for a forum in the form of absentee voting and is only needed for holding a public meeting in the form of in-person voting and in-person part of the meeting in the form of absentee voting.
The secretary of the general meeting draws up the minutes of the public forum. Therefore it is necessary for general discussions in any form. At the same time, it should be borne in mind that when holding general meetings in the form of in-person voting, any decisions, including those on the election of the chairman, secretary, and persons conducting the vote count, will be made only after the end of absentee voting and counting of votes on the written documents handed over to the owners.
What powers does the chairman-secretary have?
The duties of the chairman, secretary of the general meeting, and members of the counting commission are not defined by law. Instead, they are formed by an extensive practice of public meetings throughout the country.
The chairman is elected to lead the owners’ meeting, and the secretary – maintains and draws up the minutes.
The members of the counting commission are elected at the general meeting to count the votes of the participants and sum up the voting results for each item on the agenda. In addition, members of the counting commission identify invalid decision forms and check the credentials of the owners’ representatives.
Based on the meeting results, the chairman, secretary, and members of the counting commission, who counted the votes, sign the meeting minutes of the owners.
Meeting secretary functions
Directly to the functions of the secretary of the general meeting, the legislation includes the following:
- Drawing up minutes of the general meeting and a report on the results of voting at the public meeting (if this function is not transferred to the secretary of the general meeting or another person authorized by the company).
- Signing the minutes of the general meeting and signing the report on the results of voting at the public forum.
- Signing extracts from the minutes of the general meeting and the minutes of voting results at the general meeting (if this function is not transferred to the secretary of the public meeting, the person exercising the parts of the sole executive body of the company, or another person authorized by the company).
Remember that the wrong actions of the secretary of the meeting may entail criminal liability.