KIM HENG OFFSHORE & MARINE HOLDINGS LIMITED
104
Notice OF ANNUAL GENERAL MEETING
(c)
A member (who is a
Relevant Intermediary
*) is entitled to appoint more than two proxies to attend and vote at the meeting. He shall
specify the proportion of his shares (expressed as a percentage of the whole) to be represented by each proxy
.
*
Relevant Intermediary
is:
(i)
a banking corporation licensed under the Banking Act (Cap.19) or a wholly-owned subsidiary of such a banking corporation, whose
business includes the provision of nominee services and who hold shares in that capacity; or
(ii)
a person holding a capital markets services license to provide a custodial services for securities under the Securities and Futures
Act (Cap. 289) and who holds shares in that capacity; or
(iii)
the Central Provident Fund Board established by the Central Provident Fund Act (Cap.36), in respect of shares purchased on behalf
of CPF investors.
(d)
A corporation which is a member may authorise by resolution of its directors or other governing body such person as it thinks fit to act as
its representative at the Annual General Meeting in accordance with Section 179 of the Companies Act, Chapter 50.
(e)
The instrument appointing a proxy or proxies must be under the hand of the appointor or of his attorney duly authorised in writing. Where
the instrument appointing a proxy or proxies is executed by a corporation, it must be executed under its common seal or signed on its
behalf by an officer or attorney duly authorised in writing.
(f)
Where an instrument appointing a proxy is signed on behalf of the appointor by the attorney, the letter or power of attorney or a duly
certified copy thereof must (failing previous registration with the Company) be lodged with the instrument of proxy, failing which the
instrument may be treated as invalid.
(g)
The instrument appointing a proxy or proxies must be deposited at the registered office of the Company at 9 Pandan Crescent, Singapore
128465, not less than forty-eight (48) hours before the time appointed for holding the Annual General Meeting.
(h)
In the case of joint shareholders, all shareholders must sign the instrument appointing a proxy or proxies.
(i)
Completion and return of this instrument appointing a proxy or proxies shall not preclude a member from attending and voting at the
Meeting. Any appointment of a proxy or proxies shall be deemed to be revoked if a member attends the Annual General Meeting in person,
and in such event, the Company reserves the right to refuse the admission of any person or persons appointed under the instrument of
proxy, to the Annual General Meeting.
(j)
The Company shall be entitled to reject the instrument appointing a proxy or proxies if it is incomplete, improperly completed or illegible
or where the true intentions of the appointor are not ascertainable from the instructions of the appointor specified in the instrument
appointing a proxy or proxies. In addition, in the case of shares entered in the Depository Register, the Company may reject any
instrument appointing a proxy or proxies lodged if such member(s) are not shown to have shares entered against his/her/their name(s)
in the Depository Register as at 72 hours before the time appointed for holding the Annual General Meeting, as certified by The Central
Depository (Pte) Limited to the Company.
(k)
A Depositor shall not be regarded as a member of the Company entitled to attend the Annual General Meeting and to speak and vote
thereat unless his/her name appears on the Depository Register 72 hours before the time appointed for the Annual General Meeting.
Personal Data Privacy:
By submitting an instrument appointing a proxy(ies) and/or representative(s) to attend, speak and vote at the Annual General Meeting and/or any
adjournment thereof, a member of the Company (i) consents to the collection, use and disclosure of the member’s personal data by the Company
(or its agents or service providers) for the purpose of the processing, administration and analysis of the Company (or its agents or service providers)
of proxies and/or representatives appointed for the Annual General Meeting (including any adjournment thereof) and the preparation and
compilation of the attendance lists, minutes and other documents relating to the Annual General Meeting (including any adjournment thereof),
and in order for the Company (or its agents or service providers) to comply with any applicable laws, listing rules, regulations and/or guidelines
(collectively, the “
Purposes
”), (ii) warrants that where the member discloses the personal data of the member’s proxy(ies) and/or representative(s)
to the Company (or its agents or service providers), the member has obtained the prior consent of such proxy(ies) and/or representative(s) for the
collection, use and disclosure by the Company (or its agents or service providers) of the personal data of such proxy(ies) and/or representative(s)
for the Purposes, and (iii) agrees that the member will indemnify the Company in respect of any penalties, liabilities, claims, demands, losses and
damages as a result of the member’s breach of warranty.
