In order for creditors (or members) to fill in a Proxy form below are examples of forms completed in red for the following two types of Proxy Forms:
How To Fill In A Proxy Form
The purpose of a Proxy form is to enable a party (person or company usually) to vote on an item of company business to do so, without them being physically present at the meeting.
In the case of a company, it cannot attend in person because they are not people; they need people to operate. Such persons will need to be authorised by the company. They will typically be directors, employees or legal representatives.
Completion of a Proxy form in an insolvency properly is essential because it is a formal legal procedure. A Proxy form that is not correctly completed can be disregarded for voting purposes at a meeting or when decisions being voted on are being put to creditors or members of a company in insolvency.
Many Proxy forms have notes on the left hand margin to explain how to complete them. Nevertheless, they are very commonly invalidly completed.
Creditor (Or Member) Name And Address
A Proxy form must identify the creditor (or member) who is voting. They must also identify the company in respect of which there is a formal item of business they are looking to put to creditors (or members) about.
Resolutions And Decisions
The items of business are the resolutions or decisions being put to creditors (or members). There is a requirement for active participation in the voting otherwise a person reviewing the form will not know what the creditor (or member) intended. It is therefore insufficient to simply sign it.
The Proxy-Holder(s)
Furthermore, the proxy-holder is the person who the creditor (or member) is seeking to attend the meeting on their behalf to vote.
Sign, Date, Position And Name In CAPITALS!
At the end of the form, it needs to be signed and dated. The person signing it needs to put their name in Capitals and confirm the position they hold that entitles them to vote.
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Disclaimer: How To Complete A Proxy Form In Insolvency
This page is not legal advice and is not to be relied upon as such. This article How To Complete A Proxy Form In Insolvency is provided for information purposes only. You should take independent advice on the facts of your case. No liability is accepted for reliance upon this post.
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