MKH Annual Report 2020

MKH BERHAD 257 6. Explanatory Statement Pertaining to Special Business (Cont’d) Ordinary Resolution 8 The Nomination Committee has assessed the independence of the Director, En. Jeffrey bin Bosra, who has served as an Independent Non-Executive Director of the Company for a cumulative term of more than 12 years and recommended him to continue to act as Independent Non-Executive Director of the Company based on the following justifications:- i) He fulfilled the criteria of independence contained in the Corporate Governance Guide issued by Bursa Securities and thus, he would be able to function as check and balance, provide a broader view and brings an element of objectivity to the Board. ii) His vast experience in the auditing industry enabled him to provide the Board with proven experience and competency in advising the management and Board in term of significant accounting policies and practices that enhanced the Company’s risk management as he has good knowledge of the business of the Company and is able to exercise independent and objective judgment without fear or favour and act in the best interest of the Company. iii) He has contributed sufficient time and effort in his capacity as an Audit Committee Chairman and has attended 5 out of 6 meetings of the Board and Board Committees which he sits on for informed and balanced decision making. Haji Mohammed Chudi bin Haji Ghazali who has served as an Independent Non-Executive Director of the Company for a cumulative term of more than 12 years, has expressed his intention to retire and will not seek retention or continuing in office as an independent director at the 41st AGM and will retain office until the conclusion of the 41st AGM. Personal Data Privacy : By submitting an instrument appointing a proxy(ies) and/or representative(s) to participate and vote remotely at the AGM 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) for the purpose of the processing and administration by the Company (or its agents) of proxies and representatives appointed for the AGM (including any adjournment thereof) and the preparation and compilation of the participation lists, minutes and other documents relating to the AGM (including any adjournment thereof) and in order for the Company (or its agents) 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), the member has obtained the prior consent of such proxy(ies) and/or representatives for the collection, use and disclosure by the Company (or its agents) 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. Notice of Forty-First Annual General Meeting