[COM 158] Proxy documents158 

158

(1) For an appointment of a proxy for a meeting of a company’s members to be effective, the following documents shall be received by the company at least 48 hours before the meeting—

• (a)the appointment of the proxy; and
• (b)if the appointment is signed by the appointor’s attorney, the authority under which the appointment was signed or authenticated or a certified copy of the authority.

(2) Where a meeting of a company’s members has been adjourned, an appointment and any authority received by the company at least 48 hours before the resumption of the meeting shall be effective for the resumed part of the meeting.

(3) A company receives a document referred to in subsection (1) when the document is received at any of the following—

• (a)the company’s registered office;
• (b)a fax number at the company’s registered office; or
• (c)a place, fax number or electronic address specified for the purpose in the notice of meeting.

(4) Any provision contained in a company’s articles of association shall be void in so far as it would have the effect of requiring the instrument appointing a proxy, or any other document necessary to show the validity of, or otherwise relating to, the appointment of a proxy, to be received by the company or any other person more than 48 hours before a meeting or adjourned meeting in order that the appointment may be effective at that meeting.