Some Eircom shareholders may be unable to vote on the Vodafone offer for Eircell because of the close timing between next month's extraordinary general meeting and the deadline for receipt of the Vodafone votes. But the company insisted yesterday that the close timing of the e.g.m. and the offer deadline were aimed at protecting shareholders' interests. To ensure that their Vodafone votes arrive before the closing deadline many shareholders would need to post their votes before the e.g.m. takes place. The e.g.m. to decide on the demerger of Eircell from Eircom is being held on Friday, May 11th. The deadline for receipt of the postal/hand delivered Vodafone votes is 3 p.m. on Sunday, May 13th. So shareholders who want to wait to hear and consider the chairman's comments at the e.g.m. and to ask questions may miss the Vodafone voting deadline. Eircom rejected any suggestion yesterday that a mistake had been made in setting the Vodafone voting deadline so close to the e.g.m. and over a weekend period when there is no general postal delivery in Dublin. A spokeswoman said there would be no change in the Vodafone deadline date.

"We expect that most shareholders will decide how they are going to vote on both issues at the same time, though we agree that there are two separate votes. We assume that shareholders will have absorbed the information in the documents where they have the fundamental and most important information and will make up their minds on that basis," the spokeswoman said. Later, a spokesman said that the Eircom register Computershare Services would provide facilities at the meeting to take in Vodafone votes. He said the Vodafone deadline was set close to the e.g.m. to minimise the period of uncertainty and risk when the mobile business would not be owned by Eircom or Vodafone. At the e.g.m. shareholders will be asked to vote on the proposal that Eircell be demerged from Eircom. They will be able to ask questions about the demerger and the subsequent proposed sale of Eircell to Vodafone. The offer from Vodafone for the demerged mobile operation will not be put to the e.g.m. but this deal cannot proceed unless the demerger has already been agreed. This demerger involves the spin-off of the Eircell business into a new company to be called Eircell 2000. Vodafone would then acquire Eircell 2000.