Section 327 Notice required of appointment of proxy etcI1
United Kingdom
In the case of a traded company —
the appointment of a person as proxy for a member must be notified to the company in writing;
where such an appointment is made, the company may require reasonable evidence of—
the identity of the member and of the proxy,
the member's instructions (if any) as to how the proxy is to vote, and
where the proxy is appointed by a person acting on behalf of the member, authority of that person to make the appointment;
but may not require to be provided with anything else relating to the appointment.
F2The following provisions apply in the case of traded companies and other companies as regards—
the appointment of a proxy, and
any document necessary to show the validity of, or otherwise relating to, the appointment of a proxy.
Any provision of the company's articles is void in so far as it would have the effect of requiring any such appointment or document to be received by the company or another person earlier than the following time—
in the case of a meeting or adjourned meeting, 48 hours before the time for holding the meeting or adjourned meeting;
in the case of a poll taken more than 48 hours after it was demanded, 24 hours before the time appointed for the taking of the poll;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In calculating the periods mentioned in subsection (2) no account shall be taken of any part of a day that is not a working day.
Annotations
Textual amendments
- F1
S. 327(A1) inserted (3.8.2009) by The Companies (Shareholders' Rights) Regulations 2009 (S.I. 2009/1632), reg. 13(1) (with application as stated in reg. 1(2))
- F2
Words in s. 327(1) substituted (3.8.2009) by The Companies (Shareholders' Rights) Regulations 2009 (S.I. 2009/1632), reg. 13(2) (with application as stated in reg. 1(2))
- F3
S. 327(2)(c) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(n), Sch. 6 para. 29
Commencement
- I1
S. 327 partly in force; s. 327 not in force at Royal Assent see s. 1300; s. 327(1)(2)(a)(b)(3) in force at 1.10.2007 by S.I. 2007/2194, art. 2(1)(f) (with saving in art. 12 and subject to transitional adaptations specified in Sch. 1)
Notes on Part 13
Modifications
- C1
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
- C2
Pt. 13 modified (31.12.2023) by The Resolution of Central Counterparties (Modified Application of Corporate Law and Consequential Amendments) Regulations 2023 (S.I. 2023/1313), regs. 1(2), 4
- C3
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2