Archive for: e-voting

E-voting, case I ACa 898/00

February 18th, 2005, Tomasz Rychlicki

The Appellate Court in Warsaw in its judgment of 18 September 2001 case file I ACa 898/00 held that e-voting is fully in accordance with the provisions of Article 411 of the Code of Commercial Companies – CCC – (in Polish: Kodeks spółek handlowych) of 15 September 2000, Journal of Laws (Dziennik Ustaw) No. 94, item 1037 with subsequent amendments.

Art. 411. § 1. A share shall carry one vote at the general assembly.
§ 2. The voting right shall arise as of the date the share is paid for in full, unless the statutes provide otherwise.
§ 3. The statutes may limit the voting rights of shareholders controlling more than one-fifth of the total number of votes in the company. The limitation may apply only to the exercise of the voting right on shares above the limit of the votes provided for in the statutes.
§ 4. The statutes may also provide for cumulating of the votes held by the shareholders among whom there exists the relationship of dominance or dependence in the meaning of this or another act, as well as set out the rules for the reduction of the votes. In that case the votes attached to the shares of the dependent company or co-operative shall be added to the votes attached to the shares of the dominant company.

The Court decided that voting with the help of computer technology, meets the requirements of secrecy within the meaning of a provision providing shareholder unfettered opportunity to vote.