As the community is aware, the results of the vote at the May/June 2018 AGMM led to an unprecedented situation where AFRINIC could not call and hold the June 2019 AGMM as the Company did not satisfy the provisions regarding quorum as provided for in Art 12.10 of its Constitution.
AFRINIC was advised to apply to the Supreme Court of Mauritius under section 118 of the Companies Act 2001 for an Order from the said Court to be able to call the June 2019 AGMM.
As was reported by the Chairman of the Board on 7 February 2019 (see https://afrinic.net/2019-02-07-afrinic-2019-agmm-quorum-ruling), the Supreme Court of Mauritius has made an order, under case reference SC/COM/MOT/01411/2018, whereby the Learned Judge has:
- waived the requirements of Art 12.10 of the AFRINIC Constitution, and
- declared that a minimum of 10 members (irrespective of their status as regional or non-regional directors, registered or resource members) duly constitutes a quorum for the purposes of the AGMM to be held on or about June 2019.
The AFRINIC Board has authorised publication of a redacted version of the court record in which personal information is blacked out. Interested persons may obtain the entire court record directly from the Registry of the Supreme Court of Mauritius.
Please see the following file: