- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Insolvency (England and Wales) Rules 2016, PART 16.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Modifications etc. (not altering text)
C1Pt. 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)
C2Pt. 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)
C3Pt. 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)
C4Pt. 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)
C5Pt. 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)
C6Pt. 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)
[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]
16.1.—(1) This Part applies in any case where a proxy is given in relation to a meeting or proceedings under the Act or these Rules, or where a corporation authorises a person to represent it.
(2) References in this Part to “the chair” are to the chair of the meeting for which a specific proxy is given or at which a continuing proxy is exercised.
Modifications etc. (not altering text)
16.2.—(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.
Modifications etc. (not altering text)
16.3.—(1) A “blank proxy” is a document which—
(a)complies with the requirements in this rule; and
(b)when completed with the details specified in paragraph (3) will be a proxy as described in rule 16.2.
[F1(2) A blank proxy must state that the creditor, member or contributory named in the document (when completed) appoints a person who is named or identified as the proxy-holder of the creditor, member or contributory.]
(3) The specified details are—
(a)the name and address of the creditor, member or contributory;
(b)either the name of the proxy-holder or the identification of the proxy-holder (e.g. the chair of the meeting or the official receiver); F2...
[F3(c)a statement that the proxy is either—
(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.]
[F4(4) When it is delivered, a blank proxy must not have inserted into it the name or description of any person as proxy-holder or as a nominee for the office-holder, or instructions as to how a person appointed as proxy-holder is to act.]
(5) 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.
Textual Amendments
F1Rule 16.3(2) substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 40(a)
F2Word in rule 16.3(3)(b) omitted (6.4.2017) by virtue of The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 40(b)
F3Rule 16.3(c)(d) substituted for rule 16.3(c) (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 40(c)
F4Rule 16.3(4) substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 10
Modifications etc. (not altering text)
16.4.—(1) A proxy for a specific meeting must be delivered to the chair before the meeting.
(2) A continuing proxy must be delivered to the office-holder and may be exercised at any meeting which begins after the proxy is delivered.
(3) A proxy may be used at the resumption of the meeting after an adjournment, but if a different proxy is given for use at a resumed meeting, that proxy must be delivered to the chair before the start of the resumed meeting.
(4) Where a specific proxy directs a proxy-holder to vote for or against a resolution for the nomination or appointment of a person as office-holder, the proxy-holder may, unless the proxy states otherwise, vote for or against (as the proxy-holder thinks fit) a resolution for the nomination or appointment of that person jointly with another or others.
(5) A proxy-holder may propose a resolution which is one on which the proxy-holder could vote if someone else proposed it.
(6) Where a proxy gives specific directions as to voting, this does not, unless the proxy states otherwise, prohibit the proxy-holder from exercising discretion how to vote on a resolution which is not dealt with by the proxy.
(7) The chair may require a proxy used at a meeting to be the same as or substantially similar to the blank proxy delivered for that meeting or to a blank proxy previously delivered which has been completed as a continuing proxy.
Modifications etc. (not altering text)
16.5.—(1) Where a proxy appoints the chair (however described in the proxy) as proxy-holder the chair may not refuse to be the proxy-holder.
(2) Where the office-holder is appointed as proxy-holder but another person acts as chair of the meeting, that other person may use the proxies as if that person were the proxy-holder.
(3) Where, in a meeting of creditors in an administration, creditors' voluntary winding up, winding up by the court or a bankruptcy, the chair holds a proxy which requires the proxy-holder to vote for a particular resolution and no other person proposes that resolution the chair must propose it unless the chair considers that there is good reason for not doing so.
(4) If the chair does not propose such a resolution, the chair must as soon as reasonably practicable after the meeting deliver a notice of the reason why that was not done to the creditor, member or contributory.
Modifications etc. (not altering text)
16.6.—(1) A person attending a meeting is entitled, immediately before or in the course of the meeting, to inspect proxies and associated documents delivered to the chair or to any other person in accordance with the notice convening the meeting.
(2) The chair must—
(a)retain the proxies used for voting at a meeting where the chair is the office-holder, or
(b)deliver them as soon as reasonably practicable after the meeting to the office-holder.
(3) The office-holder must allow proxies, so long as they remain in the office-holder's hands, to be inspected at all reasonable times on any business day by—
(a)a creditor, in the case of proxies used at a meeting of creditors;
(b)a member of the company or a contributory, in the case of proxies used at a meeting of the company, or a meeting of contributories;
(c)a director of the company in the case of corporate insolvency proceedings; or
(d)the debtor or the bankrupt in the case of personal insolvency proceedings.
(4) A creditor in paragraph (3)(a) is a person who has delivered a proof in the proceedings, but does not include a person whose claim has been wholly rejected.
(5) However the right of inspection is subject to rule 1.58 (confidentiality of documents – grounds for refusing inspection).
Modifications etc. (not altering text)
16.7.—(1) A proxy-holder must not vote for a resolution which would—
(a)directly or indirectly place the proxy-holder or any associate of the proxy-holder in a position to receive any remuneration, fees or expenses from the insolvent estate; or
(b)fix or change the amount of or the basis of any remuneration, fees or expenses receivable by the proxy-holder or any associate of the proxy-holder out of the insolvent estate.
(2) However a proxy-holder may vote for such a resolution if the proxy specifically directs the proxy-holder to vote in that way.
(3) Where an office-holder is appointed as proxy-holder and that proxy is used under rule 16.5(2) by another person acting as chair, the office-holder is deemed to be an associate of the person acting as chair.
Modifications etc. (not altering text)
[Note: section 434B M1 makes similar provision for corporate representation in company insolvency proceedings.]
Marginal Citations
M1Section 434B(1)(a) is substituted by paragraph 57 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).
16.8.—(1) If a corporation is a creditor in a bankruptcy or an IVA, it may by resolution of its directors or other governing body authorise a person or persons to act as its representative or representatives in relation to any decision procedure of the bankrupt or debtor's creditors held in pursuance of the Act or of these Rules.
(2) Where the corporation authorises only one person, that person is entitled to exercise the same powers on behalf of the corporation as the corporation could exercise if it were an individual creditor.
(3) Where the corporation authorises more than one person, any one of them is entitled to exercise the same powers on behalf of the corporation as the corporation could exercise if it were an individual creditor.
(4) Where the corporation authorises more than one person and more than one of them purport to exercise a power under paragraph (3)—
(a)if they purport to exercise the power in the same way, the power is treated as exercised in that way; but
(b)if they do not purport to exercise the power in the same way, the power is treated as not exercised.
16.9.—(1) A person authorised to represent a corporation (other than as a proxy-holder) at a meeting of creditors or contributories must produce to the chair—
(a)the instrument conferring the authority; or
(b)a copy of it certified as a true copy by—
(i)two directors,
(ii)a director and the secretary, or
(iii)a director in the presence of a witness who attests the director's signature.
(2) The instrument conferring the authority must have been executed in accordance with section 44(1) to (3) of the Companies Act M2 unless the instrument is the constitution of the corporation.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: