Rule 88 Issue and use of formsI1

Scotland

(1)

Forms of proxy must be sent out with every notice calling a meeting to be held in the special administration and such form must be a “blank proxy”.

(2)

A “blank proxy” is a document which—

(a)

complies with the requirements in this rule,

(b)

when completed with the details specified in paragraph (4) will be a proxy as described in rule 87.

(3)

A blank proxy must state that the principal named in the document (when completed) appoints a person who is named or identified as the proxy-holder of the principal.

(4)

The specified details are—

(a)

the name and address of the creditor, customer, member or contributory,

(b)

either the name of the proxy-holder or the identification of the proxy-holder (such as the chair of the meeting or the administrator),

(c)

a statement that the proxy is—

(i)

for a specific meeting, which is identified in the proxy, or

(ii)

a continuing proxy for the proceedings,and

(d)

if the proxy is for a specific meeting, instructions as to the extent to which the proxy-holder is directed to vote in a particular way, to abstain or to propose any resolution.

(5)

When it is delivered to the principal, a blank proxy must not contain the name or description of any person as proxy-holder, or instructions as to how a proxy-holder is to act.

(6)

A blank proxy must have a note to the effect that the proxy may be completed with the name of the person or the chair of the meeting who is to be proxy-holder.

(7)

A form of proxy must be authenticated by the principal, or by some person authorised by that principal (either generally or with reference to a particular meeting).

(8)

If the form is authenticated by a person other than the principal, the nature of the person’s authority must be stated.

Annotations

Commencement

I1: Rule 88 in force at 19.12.2022, see rule 2