Section 338. Termination of a person’s authority to act as a proxy

(1) Unless the company receives a notice of termination before the commencement of a meeting of members or an adjourned meeting of members, the termination of the authority of the person to act as proxy does not affect—

(a) the constitution of the quorum at the meeting;

(b) the validity of anything he did as chairperson of a meeting;

(c) the validity of a poll demanded by him at a meeting; or

(d) the validity of the vote exercised by him at a meeting.

(2) If the constitution require or permit members to give the notice of termination in subsection (1) to a person other than the company, the reference to the company receiving the notice shall be taken as the person receiving the notice.

(3) Notwithstanding subsection (1), the constitution may require that the notice of termination of the authority of the proxy to be received by the company at a time earlier than that specified in subsection (1).

(4) Any provision of the constitution is void in so far as it would have the effect of requiring notice of termination to be received by the company or another person earlier than forty-eight hours before the time for holding the meeting or adjourned meeting.