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Rule 16.2 Specific and continuing proxiesC1

(1)

A “proxy” is a document made by a creditor, member or contributory which directs or authorises another person (“the proxy-holder”) to act as the representative of the creditor, member or contributory at a meeting or meetings by speaking, voting, abstaining, or proposing resolutions.

(2)

A proxy may be either—

(a)

a specific proxy which relates to a specific meeting; or

(b)

a continuing proxy for the insolvency proceedings.

(3)

A specific proxy must—

(a)

direct the proxy-holder how to act at the meeting by giving specific instructions;

(b)

authorise the proxy-holder to act at the meeting without specific instructions; or

(c)

contain both direction and authorisation.

(4)

A proxy is to be treated as a specific proxy for the meeting which is identified in the proxy unless it states that it is a continuing proxy for the insolvency proceedings.

(5)

A continuing proxy must authorise the proxy-holder to attend, speak, vote or abstain, or to propose resolutions without giving the proxy-holder any specific instructions how to do so.

(6)

A continuing proxy may be superseded by a proxy for a specific meeting or withdrawn by a written notice to the office-holder.

(7)

A creditor, member or contributory may appoint more than one person to be proxy-holder but if so—

(a)

their appointment is as alternates; and

(b)

only one of them may act as proxy-holder at a meeting.

(8)

The proxy-holder must be an individual.

Annotations

Modifications

C1

Rules 16.1-16.7 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 138, 139, Sch. (with rule 2(2))

Notes on Part 16

Modifications

C1

Pt. 16 applied (with modifications) (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 3.29 (with rule 1.2)

C2

Pt. 16 applied (with modifications) (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 3.29 (with rule 1.2)

C3

Pt. 16 applied in part (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 23(1)(b) (with ss. 2(2), 5(2), Sch. 4 para. 12)

C4

Pt. 16 applied (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 41(b) (with ss. 2(2), 5(2), Sch. 4 para. 12)

C5

Pt. 16 applied in part (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 11(1)(b), 29(b), 38 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)

C6

Pt. 16 applied (with modifications) (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 30, 33 (with rule 2)

C7

Pt. 16 applied (with modifications) (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 30, 33 (with rule 2(1))