PART 3Process of Special Administration

CHAPTER 10Proxies and corporate representation

Issue and use of formsI190

1

When notice is given of a meeting to be held in the course of the special administration and a form of proxy is sent out with the notice, such form must be a “blank proxy”.

2

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 (4) will be a proxy as described in rule 89.

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 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.

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.