Votes of Members
- 24.1 A member of a class entitled to vote in respect of whom an order has been made by any court having jurisdiction (whether in the United Kingdom or elsewhere) in matters concerning mental disorder may vote, whether on a show of hands or on a poll, by his receiver, curator bonis or other person authorised in that behalf appointed by that court, and any such receiver, curator bonis or other person may, on a poll, vote by proxy. Evidence to the satisfaction of the Council of the authority of the person claiming to exercise the right to vote shall be deposited at the office not less than 48 hours before the time appointed for holding the meeting or adjourned meeting at which the right to vote is to be exercised and in default the right to vote shall not be exercisable.
- 24.2 No objection shall be raised to the qualification of any voter except at the meeting or adjourned meeting at which the vote objected to is tendered, and every vote not disallowed at the meeting shall be valid. Any objection made in due time shall be referred to the chairman of the meeting whose decision shall be final and conclusive.
- 24.3 An instrument appointing a proxy shall be in writing, executed by or on behalf of the appointor and shall be in the following form (or in a form as near thereto as circumstances allow or in any other form which is usual or which the Council may approve):
- "The Association for Petroleum and Explosives Administration I, of, being an individual member/ Corporate Representative of the above named company, hereby appoint of, or failing him of, as my/our proxy to vote in my/our name and on my/our behalf at the annual/extraordinary general meeting of the company to be held on and at any adjournment thereof. Signed on Date:-."
- 24.4 Where it is desired to afford individual members and/or Corporate Representatives an opportunity of instructing the proxy how he shall act the instrument appointing a proxy shall be in the following form (or in a form as near thereto as circumstances allow or in any other form which is usual or which the Officers of the Association may approve): "The Association for Petroleum and Explosives Administration I, of, being an individual member/ Corporate Representative of the above named company, hereby appoint of, or failing him of, as my/our proxy to vote in my/our name and on my/our behalf at the annual/extraordinary general meeting of the company to be held on and at any adjournment thereof. This form is to be used in respect of the resolutions mentioned below as follows: Resolution No 1 *for *against Resolution No 2 *for *against * strike out whichever is not desired. Unless otherwise instructed, the proxy may vote as he thinks fit or abstain from voting. Signed on Date:- ."
- 24.5 The instrument appointing a proxy and any other authority under which it is executed or a copy of such authority certified notarially or in some other way approved by the officers of the Association may:
- 24.5.1 be deposited at the office or at such other place within the United Kingdom as is specified in the notice convening the meeting or in any instrument of proxy sent out by the company in relation to the meeting not less than 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote; or
- 24.5.2 in the case of a poll taken more than 48 hours after it is demanded, be deposited as aforesaid after the poll has been demanded and not less than 24 hours before the time appointed for the taking of the poll; or
- 24.5.3 where the poll is not taken forthwith but is taken not more than 48 hours after it was demanded, be delivered at the meeting at which the poll was demanded to the chairman or to the secretary or to any Officer of the Association and an instrument of proxy which is not deposited or delivered in a manner so permitted shall be invalid.
- 24.6 A vote given or poll demanded by proxy or by the duly authorised representative of a corporation shall be valid notwithstanding the previous determination of the authority of the person voting or demanding a poll unless notice of the determination was received by the company at the office or at such other place at which the instrument of proxy was duly deposited before the commencement of the meeting or adjourned meeting at which the vote is given or the poll demanded or (in the case of a poll taken otherwise than on the same day as the meeting or adjourned meeting) the time appointed for taking the poll.
- 25.1 No member shall (as such) have any right of inspecting any accounting records or other book or document of the Association except as conferred by statute or authorised by the Council or by ordinary resolution of the Association.
- 26.1 The Association may be wound up and dissolved in accordance with the provisions of the Act.
- 27.1 Any notice to be given to or by any person pursuant to the articles shall be in writing or by electronic means.
- 27.2 The Association may give any notice to a member either personally or by sending it by post in a prepaid envelope addressed to the member at his home or registered address or by leaving it at that address. A member whose home or registered address is not within the United Kingdom or the Channel Islands shall not be entitled to receive any notice from the Association.
- 27.3 A member present, in person or by proxy or whose Corporate Representative is present in person or by proxy, at any meeting of the Association shall be deemed to have received notice of the meeting and, where requisite, of the purposes for which it was called.
- 27.4 Proof that an envelope containing a notice was properly addressed, prepaid and posted shall be conclusive evidence that the notice was given. A notice shall, be deemed to be given at the expiration of 48 hours after the envelope containing it was posted.
- 27.5 A Notice may be given to the Association or to any Officer or Council member by leaving the same at or by sending it by post in a prepaid envelope or by electronic means to the registered office of the Association.
Indemnity of Council
- 28.1 Every Officer, Council member or other officer of the Association shall be indemnified out of the assets of the Association against all costs, charges and expenses, losses or liabilities which he may sustain or incur in or about the execution of the duties of his office or otherwise in relation thereto, including but without limitation any liability incurred by him in defending any proceedings, whether civil or criminal, in which judgment is given in his favour or in which he is acquitted or in connection with any application under Section 144 or Section 727 of the Act in which relief is granted to him by the court, and no Officer, Council member or other officer shall be liable for any loss, damage or misfortune which may happen to or be incurred by the Association in the execution of the duties of his office or in relation thereto. But this Article shall only have effect insofar as its provisions are not avoided by Section 310 of the Act.
Use of Corporate Logo
- 29.1 The logo “APEA” and the statement "working for a safer environment" are trade marks registered with the United Kingdom Intellectual Property Office (Trade Mark Number: UK00002512555) and are the intellectual property of the Association for Petroleum and Explosives Administration.
- 29.2 The trade mark may be used by all APEA members in connection with their trade, business or profession.
- 29.3 Use of the trademark denotes membership of the Association.
- 29.4 On cessation of membership the trade mark may no longer be used.
- 29.5 Any person who does not have a current membership may not use the trade mark.
- 29.6 Honorary members are entitled to use the trade mark.
- 29.7 Use of the trade mark denotes that the member will comply with the Association's Aims and Objectives. It does not imply any level of competence or any degree of expertise.
- 29.8 The Council of the Association has the right to rescind the use of the trade mark by any member.