Rule 16.2 Specific and continuing proxiesC1
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.
A proxy may be either—
a specific proxy which relates to a specific meeting; or
a continuing proxy for the insolvency proceedings.
A specific proxy must—
direct the proxy-holder how to act at the meeting by giving specific instructions;
authorise the proxy-holder to act at the meeting without specific instructions; or
contain both direction and authorisation.
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.
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.
A continuing proxy may be superseded by a proxy for a specific meeting or withdrawn by a written notice to the office-holder.
A creditor, member or contributory may appoint more than one person to be proxy-holder but if so—
their appointment is as alternates; and
only one of them may act as proxy-holder at a meeting.
The proxy-holder must be an individual.
Annotations
Modifications
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))