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1. |
Notice of the proposed motion must be given to the
Registrar at the office of the Institute at Dewan
Akauntan, No. 2 Jalan Tun Sambanthan 3, Brickfields,
50470 Kuala Lumpur, no later than 5.00 pm on 10
September 2004. |
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2. |
Notice of the proposed motion must be in writing, and
must be so given either by facsimile, post, delivery or
electronic mail addressed to the Registrar at
mia@mia.org.my. |
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3. |
Each proposed motion must be in English or Bahasa
Malaysia, and must be in clear and precise language. The
proposed motion must be in the form of a substantive
motion to be resolved by the members of the Institute at
the forthcoming Annual General Meeting. The proposed
motion should hence be one which is ordering something
to be done, authorising some past or proposed action,
expressing the meeting’s opinion in regard to some
subject, or otherwise dealing with the Institute’s
activities. |
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4. |
Any
brief facts or explanations to the proposed motion can
be set out as a preamble to the motion. The actual body
of the proposed motion should not contain any facts or
explanations as to the purpose or rationale for the
proposed motion. As an example: |
| |
“WHEREAS the President of the Malaysian Institute of
Accountants has been conferred the Panglima Jasa Negara
which carries the title ‘Datuk’ by His Majesty Seri
Paduka Baginda Yang Di-Pertuan Agong XII Tuanku Syed
Sirajuddin Ibni Al-Marhum Tuanku Syed Putra Jamalullail, |
[Preamble] |
| |
BE
IT RESOLVED THAT this meeting record its congratulations
to the President of the Malaysian Institute of
Accountants, Datuk Abdul Samad Haji Alias on the
conferment of the Panglima Jasa Negara which carries the
title ‘Datuk’, in recognition of his valuable services
to the accountancy profession and to the nation.” |
[Motion] |
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5. |
The
notice of the proposed motion must set out the full name
and membership number of both the proposer and
seconder to the motion. |
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6. |
Either the proposer or seconder of the motion must be
present at the forthcoming Annual General Meeting to
move the motion and to speak in favour of the motion,
failing which, the motion will lapse. |
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7. |
At
the Annual General Meeting, the motions will be dealt
with in the order that the motions were received by the
Institute and as set out in the Notice of Motions
subsequently issued to members prior to the Annual
General Meeting. The Chairman of the meeting will call
for the proposer or in his/her absence, the seconder of
the motion, to speak in favour of the motion. |
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8. |
The
proposer or, in his/her absence, the seconder of the
motion must first explain the purpose and rationale of
the motion. The explanation must not turn out to be a
speech or lengthy discourse relating to other issues.
The Chairman has the discretion to limit the explanation
of the proposer and/or the seconder to 3 - 5 minutes. |
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9. |
Once the
explanation to the motion is completed, the Chairman
will call for the seconder to identify him/herself, and
ask the seconder whether he/she wishes to speak on the
motion immediately or later after the end of the debate
on the motion. |
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10. |
The
Chairman will then open the motion for debate by the
floor - but depending on time constraints, may wish to
limit the debate to two speakers for and two speakers
against the motion. The Chairman has the discretion to
limit each speaker to 3 - 5 minutes. |
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11. |
If
during the course of the debate on the motion, it is
proposed that the motion not be debated on or not be put
to the floor (for example on grounds of illegality or
inconsistency with the Accountants Act 1967 or the Rules
made thereunder), a procedural motion must be moved by a
proposer and seconder, to the effect that the main
motion in question not be put to vote and not be debated
on. This procedural motion must then be explained by the
proposer and seconder, debated on by the floor and then,
the Chairman must put this procedural motion to a vote.
If carried, the main motion will lapse. If not carried,
the debate on the main motion will resume. |
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12. |
If
during the course of the debate on the motion, an
amendment is proposed to the motion, the Chairman of the
meeting must first call for a mover and seconder of the
amendment. The mover and seconder of the amendment must
explain the proposed amendment and the amendment and its
effect must be clearly explained. If there is a mover
and seconder for the amendment, and once the debate on
the proposed amendment is completed, the Chairman will
put the question on the amendment, to a vote by the
floor - in such event, the main motion will not be voted
on until the amendment is voted on first. |
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13. |
If
the proposed amendment is acceptable to the original
proposer and seconder of the main motion, the procedure
in the first part of paragraph 12 above need not be
followed. Instead, once the original proposer and
seconder of the main motion have agreed to the
amendment, the Chairman will put the question on the
amendment to a vote by the floor. In such event, the
main motion will not be voted on until the amendment is
voted on first. |
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14. |
If
the amendment is voted on and lost, the debate on the
main motion will be carried on in the unamended form.
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15. |
If
the amendment is carried, the debate on the main motion
in its amended form, will be resumed. |
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16. |
Once the debate on the main motion is completed, the
Chairman will put the main motion to the vote on a show
of hands. |
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17. |
The
Chairman will then declare the motion lost or carried on
a majority of the votes of the members present and
entitled to vote. |
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18. |
On
a declaration of the results of the show of hands, the
Chairman or at least 5 members present and entitled to
vote at the meeting may demand that a poll be taken on
the motion in accordance with the procedure set out in
Rules 18 & 19 of the Malaysian Institute of Accountants
(Membership & Council) Rules 2001. |
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19. |
If
a poll is properly demanded, a poll on that motion will
then be carried out in accordance with the procedure set
out in Rules 18 & 19 of the Malaysian Institute of
Accountants (Membership & Council) Rules 2001. The
Chairman has the discretion to briefly adjourn the
meeting or to discuss the next motion or other item on
the agenda of the meeting whilst awaiting the results on
the poll. |
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20. |
The
above guidelines and procedures must be read subject to
the provisions of the Accountants Act 1967 and the
Malaysian Institute of Accountants (Membership &
Council) Rules 2001. Further, the above guidelines and
procedures are not all encompassing and do not cover all
eventualities. As such, where any uncertainties arise,
the Chairman retains the discretion, subject to the
provisions of the Accountants Act 1967 and the Malaysian
Institute of Accountants (Membership & Council) Rules
2001, to conduct the meeting in such manner as he/she
deems fit. |