← Lietuva

21990A1231(01)

21990A1231(01) 21990A1231(01) Agreement establishing the European Bank for Reconstruction and Development - EBRD Official Journal L 372 , 31/12/1990 P. 0004 - 0026 Finnish special edition....: Chapter

Article 26

of this Agreement, if he or she is elected during the period in which the first Board of Directors shall hold office. SECTION B ELECTION OF DIRECTORS BY GOVERNORS REPRESENTING OTHER COUNTRIES Section B (

  1. i)- Election of Directors by governors representing those countries listed in Annex A as Central and Eastern European countries (recipient countries) (hereinafter referred to as Section B (
  2. i)governors) 1. The provisions set out below in this Section shall apply exclusively to this Section. 2. Candidates for the office of director shall be nominated by Section B (
  3. i)governors, provided that a governor may nominate only one person. The election of directors shall be by ballot of Section B (
  4. i)governors. 3. Each governor eligible to vote shall cast for one person all of the votes to which the member appointing him or her is entitled under paragraphs 1 and 2 of Article 29 of this Agreement. 4. Subject to paragraph 10 of this Section, the four persons receiving the highest number of votes shall be directors, except that no person who receives less than 12 % of the votes which can be cast (eligible votes) in Section B (
  5. i)shall be considered elected. 5. Subject to paragraph 10 of this Section, if four persons are not elected on the first ballot, a second ballot shall be held in which, unless there were no more than four candidates, the person who received the lowest number of votes in the first ballot shall be ineligible for election and in which there shall vote only: (
  6. a)those governors who voted in the first ballot for a person not elected; and (
  7. b)those governors whose votes for a person elected are deemed under paragraphs 6 and 7 below of this Section to have raised the votes cast for that person above 13 % of the eligible votes. 6. In determining whether the votes cast by a governor are deemed to have raised the total votes cast for any person above 13 % of the eligible votes, the 13 % shall be deemed to include, first, the votes of the governor casting the largest number of votes for such person, then the votes of the governor casting the next largest number and so on, until 13 % is reached. 7. Any governor, part of whose votes must be counted in order to raise the total of votes cast for any person above 12 % shall be considered as casting all his or her votes for such person, even if the total votes for such person thereby exceed 13 % and shall not be eligible to vote in a further ballot. 8. Subject to paragraph 10 of this Section, if, after the second ballot, four persons have not been elected, further ballots shall be held in conformity with the principles and procedures laid down in this Section, until four persons have been elected, provided that, if at any stage three persons are elected, notwithstanding the provisions of paragraph 4 of this Section, the fourth may be elected by a simple majority of the remaining votes cast. 9. In the case of an increase or decrease in the number of directors to be elected by Section B (
  8. i)governors, the minimum and maximum percentages specified in paragraphs 4, 5, 6 and 7 of this Section shall be appropriately adjusted by the Board of Governors. 10. So long as any signatory, or group of signatories, whose share of the total amount of capital subscriptions provided in Annex A is more than 2,8 %, has not deposited its instrument or their instruments of ratification, approval or acceptance, there shall be no election for one director in respect of each such signatory or group of signatories. The governor or governors representing such a signatory or group of signatories shall elect a director in respect of each signatory or group of signatories, immediately after the signatory becomes a member or the group of signatories become members. Such director shall be deemed to have been elected by the Board of Governors at its inaugural meeting,

Article 26

of this Agreement, if he or she is electetd during the period in which the first Board of Directors shall hold office. Section B (

  1. ii)- Election of Directors by governors representing those countries listed in Annex A as other European countries (hereinafter referred to as Section B (
  2. ii)governors) 1. The provisions set out below in this Section shall apply exclusively to this Section. 2. Candidates for the office of director shall be nominated by Section B (
  3. ii)governors, provided that a governor may nominate only one person. The election of directors shall be by ballot of Section B (
  4. ii)governors. 3. Each governor eligible to vote shall cast for one person all of the votes to which the member appointing him or her is entitled under paragraphs 1 and 2 of Article 29 of this Agreement. 4. Subject to paragraph 10 of this Section, the four persons receiving the highest number of votes shall be directors, except that no person who receives less than 20,5 % of the votes which can be cast (eligible votes) in Section B (
  5. ii)shall be considered elected. 5. Subject to paragraph 10 of this Section, if four persons are not elected on the first ballot, a second ballot shall be held in which, unless there were no more than four candidates, the person who received the lowest number of votes in the first ballot shall be ineligible for election and in which there shall vote only: (
  6. a)those governors who voted in the first ballot for a person not elected; and (
  7. b)those governors whose votes for a person elected are deemed under paragraphs 6 and 7 below of this Section to have raised the votes cast for that person above 21,5 % of the eligible votes. 6. In determining whether the votes cast by a governor are deemed to have raised the total votes cast for any person above 21,5 % of the eligible votes, the 21,5 % shall be deemed to include, first, the votes of the governor casting the largest number of votes for such person, then the votes of the governor casting the next largest number and so on, until 21,5 % is reached. 7. Any governor, part of whose votes must be counted in order to raise the total of votes cast for any person above 20,5 % shall be considered as casting all his or her votes for such person, even if the total votes for such person thereby exceed 21,5 % and shall not be eligible to vote in a further ballot. 8. Subject to paragraph 10 of this Section, if, after the second ballot, four persons have not been elected, further ballots shall be held in conformity with the principles and procedures laid down in this Section, until four persons have been elected, provided that, if at any stage three persons are elected, notwithstanding the provisions of paragraph 4 of this Section, the fourth may be elected by a simple majority of the remaining votes cast. 9. In the case of an increase or decrease in the number of directors to be elected by Section B (
  8. ii)governors, the minimum and maximum percentages specified in paragraphs 4, 5, 6 and 7 of this Section shall be appropriately adjusted by the Board of Governors. 10. So long as any signatory, or group of signatories, whose share of the total amount of capital subscriptions provided in Annex A is more than 2,8 %, has not deposited its instrument or their instruments of ratification, approval or acceptance, there shall be no election for one director in respect of each such signatory or group of signatories. The governor or governors representing such a signatory or group of signatories shall elect a director in respect of each signatory or group of signatories, immediately after the signatory becomes a member or the group of signatories become members. Such director shall be deemed to have been elected by the Board of Governors at its inaugural meeting,

Article 26

of this Agreement, if he or she is electetd during the period in which the first Board of Directors shall hold office. Section B (iii) - Election of directors by governors representing those countries listed in Annex A as non-European countries (hereinafter referred to as Section B (iii) governors) 1. The provisions set out below in this Section shall apply exclusively to this Section. 2. Candidates for the office of director shall be nominated by Section B (iii) governors, provided that a governor may nominate only one person. The election of directors shall be by ballot of Section B (iii) governors. 3. Each governor eligible to vote shall cast for one person all of the votes to which the member appointing him or her is entitled under paragraphs 1 and 2 of Article 29 of this Agreement. 4. Subject to paragraph 10 of this Section, the four persons receiving the highest number of votes shall be directors, except that no person who receives less than 8 % of the votes which can be cast (eligible votes) in Section B (iii) shall be considered elected. 5. Subject to paragraph 10 of this Section, if four persons are not elected on the first ballot, a second ballot shall be held in which, unless there were no more than four candidates, the person who received the lowest number of votes in the first ballot shall be ineligible for election and in which there shall vote only: (

  1. a)those governors who voted in the first ballot for a person not elected; and (
  2. b)those governors whose votes for a person elected are deemed under paragraphs 6 and 7 below of this Section to have raised the votes cast for that person above 9 % off the eligible votes. 6. In determining whether the votes cast by a governor are deemed to have raised the total votes cast for any person above 9 % of the eligible votes, the 9 % shall be deemed to include, first, the votes of the governor casting the largest number of votes for such person, then the votes of the governor casting the next largest number and so on, until 9 % is reached. 7. Any governor, part of whose votes must be counted in order to raise the total of votes cast for any person above 8 % shall be considered as casting all of his or her votes for such person, even if the total votes for such person thereby exceed 9 % and shall not be eligible to vote in a further ballot. 8. Subject to paragraph 10 of this Section, if, after the second ballot, four persons have not been elected, further ballots shall be held in conformity with the principles and procedures laid down in this Section, until four persons have been elected, provided that, if at any stage three persons are elected, notwithstanding the provisions of paragraph 4 of this Section, the fourth may be elected by a simple majority of the remaining votes cast. 9. In the case of an increase or decrease in the number of directors to be elected by Section B (iii) governors, the minimum and maximum percentages specified in paragraphs 4, 5, 6 and 7 of this Section shall be appropriately adjusted by the Board of Governors. 10. So long as any signatory, or group of signatories, whose share of the total amount of capital subscriptions provided in Annex A is more than 5 %, has not deposited its instrument or their instruments of ratification, approval or acceptance, there shall be no election for one director in respect of each such signatory or group of signatories. The governor or governors representing such a signatory or group of signatories shall elect a director in respect of each signatory or group of signatories, immediately after the signatory becomes a member or the group of signatories become members. Such director shall be deemed to have been elected by the Board of Governors at its inaugural meeting,

Article 26

of this Agreement, if he or she is electetd during the period in which the first Board of Directors shall hold office. SECTION C ARRANGEMENTS FOR THE ELECTION OF DIRECTORS REPRESENTING COUNTRIES NOT LISTED IN ANNEX A If the Board of Governors decides,

Article 26

of this Agreement, to increase or decrease the size, or revise the composition, of the Board of Directors, in order to take into account changes in the number of members of the Bank, the Board of Governors shall first consider whether any amendments are required to this Annex, and may make any such amendments as it deems necessary as part of such decision. SECTION D ASSIGNMENT OF VOTES Any Governor who does not participate in voting for the election or whose vote does not contribute to the election of a director under Section A or Section B (

  1. i)or Section B (
  2. ii)or Section B (iii) of this Annex may assign the votes to which he or she is entitled to an elected Director, provided that such governor shall first have obtained the agreement of all those governors who have elected that director to such assignment. A decision by any governor not to participate in voting for the election of a director shall not affect the calculation of the eligible votes to be made under Section A, Section B (i), Section B (
  3. ii)or Section B (iii) of this Annex.

🔗 Į oficialų šaltinį

DI paaiškinimas pagal oficialų įstatymo tekstą. Orientacinis, nepakeičia teisinės konsultacijos.