13 Proxies in Relation to Meetings of Creditors or Contributories
(1) Form of proxies - A creditor or contributory may give a proxy to any person. A proxy shall be in Form No. 32.
(2) Proxies to Liquidator or chairman - A creditor or contributory in a winding-up by the Tribunal may appoint the Company Liquidator, and in a voluntary winding-up, the liquidator, or if there is no liquidator, the chairman of the meeting, to act as his proxy.
(3) Use of proxies by deputy - Where Company Liquidator who holds any proxies cannot attend the meeting for which they are given, he may in writing depute some person under his official control to use the proxies on his behalf and in such manner as he may direct.
(4) Forms to be sent with notice - Forms of proxies shall be sent to the creditors and contributories with the notice summoning the meeting. No name shall be inserted or printed in the form before it is sent.
(5) Proxies to be lodged - A proxy shall be lodged not later than fortyeight hours before the meeting at which it is to be used, with the Company Liquidator in a winding-up by the Tribunal. In the event of the proxy of a creditor or contributory not knowing English, it may be mentioned by the witness that he certifies what was explained to the creditor or contributorys proxy in the language known to him, and give the creditor s or contributory s name in English below the signature.
(6) Voting by proxies /authorised representatives - A creditor or contributory may vote either in person or by proxy. Where a person is authorised in the manner provided by section 113 to represent a Corporation at any meeting of creditors or contributories, such person shall produce to the Company Liquidator or chairman of the meeting a copy of the resolution so authorising him. Such copy must be certified to be a true copy by a director, the manager, the secretary or other officer of the company dulyauthorised in that behalf who shall certify that he is so authorised. However, neither a minor nor a person holding a place of profit in respect of the assets of the company shall be appointed as a proxy. |