Re: [OSCOM] board voting results

On Sep 22, 2006, at 3:50 AM, Andrea Resmini wrote:

> Martin,
>
>> the way i see it, the current change is on very brittle ground.
>> according to the bylaws, board election is done by the membermeeting,
>> and the membermeeting is to be announced 30 days in advance.
>> and while a virtual membermeeting is questionable we certainly did  
>> not
>> have a 30day notice.
>
> and
>
>> a worst case scenario is that this election may not be at all  
>> legal and
>> may simply be null and void. until this is clear, the old board  
>> members
>> are not quite off the hook.
>
> I think your interpretation is based on this, and please correct me if
> I'm wrong:
>
> 5.3. Extraordinary Meetings of Members
> Extraordinary Meetings of Members shall be called by the Board as  
> often
> as necessary, in particular Extraordinary Meetings of Members shall be
> convened by the Board within 30 days if at least 20% of all members
> request such meeting in writing (according to art. 64 para. 3 of Swiss
> Civil Code).

Correct, my original proposal for the election process and schedule  
pointed out this provision and noted that it contradicted 5.4.  I  
then proposed that we take a positive interpretation of the  
loophole.  There weren't any objections raised.

--Paul