Bankruptcy Act 1924
Proxies.Proxies.
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Proxies.
Cf. E.B.A. Ib. s. 22 (2).
Vic., s. 133.
16. A creditor may vote either in person or by proxy.
17. Every instrument of proxy shall be in the prescribed form.
18. General and special forms of proxy shall be sent to the creditors, together with a notice summoning a meeting of creditors, and neither the name nor the description of the official receiver, or of any other person, shall be printed or inserted in the body of any instrument of proxy before it is so sent.
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A creditor may give a general proxy to his manager or clerk, or any other person in his regular employment, or to his barrister, solicitor, or attorney or to a public accountant. In such case the instrument of proxy shall state the relation in which the person to act thereunder stands to the creditor.
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A creditor may give a special proxy to any person to vote at any specified meeting or adjournment thereof on all or any of the following matters:—
Ib. s. 22 (3).
(a) For or against any specific proposal for a composition or scheme of arrangement;
(b) For or against the appointment of any specified person as trustee at a specified rate of remuneration, or for or against the continuance in office of any specified person as trustee;
(c) On all questions relating to any matter, other than those above referred to arising at any specified meeting or adjournment thereof.
Eng. Sch. (17).
21. A proxy shall not be used unless it is deposited with the official receiver or trustee before the meeting at which it is to be used.
- Where it appears to the satisfaction of the Court that any solicitation has been used by or on behalf of a trustee or receiver in obtaining proxies, or in procuring the trusteeship or receivership, except by the direction of a meeting of creditors, the Court shall have power, if it thinks fit, to order that no remuneration shall be allowed to the person by whom or on whose behalf such solicitation may have been exercised, notwithstanding any resolution of the committee of inspection or of the creditors to the contrary.
Ib. (19).
23. A creditor may appoint the official receiver of the debtor’s estate to act in manner prescribed as his general or special proxy, provided the official receiver is not himself the trustee.
Cf. ib. (23).
24. A meeting of creditors may, by ordinary resolution, adjourn from time to time, and from place to place.
Ib. (22).
25. A meeting shall not be competent to act for any purpose, except the election of a chairman, the proving of debts, and the adjournment of the meeting, unless there are present, or represented thereat, at least three creditors entitled to vote, or all the creditors if their number does not exceed three.