The Insolvency (Amendment) Rules 1987

SECTION 9: AMENDMENT OF PART 8 OF THE RULES

Amendment of Rule 8.1

134.—(1) In paragraph (2) of Rule 8.1 after the word “meetings” there shall be inserted the words “summoned or called”.

(2) For paragraph (5) of Rule 8.1 there shall be substituted the following:—

“(5) A person given a proxy under paragraph (4) cannot decline to be the proxy-holder in relation to that proxy.

(6) A proxy requires the holder to give the principal’s vote on matters arising for determination at the meeting, or to abstain, or to propose, in the principal’s name, a resolution to be voted on by the meeting, either as directed or in accordance with the holder’s own discretion.”.

Amendment of Rule 8.3

135.  After paragraph (3) of Rule 8.3 there shall be added the following paragraphs:—

“(4) Where a proxy directs a proxy-holder to vote for or against a resolution for the nomination or appointment of a person as the responsible insolvency practitioner, the proxy-holder may, unless the proxy states otherwise, vote for or against (as he thinks fit) any resolution for the nomination or appointment of that person jointly with another or others.

(5) A proxy-holder may propose any resolution which, if proposed by another, would be a resolution in favour of which by virtue of the proxy he would be entitled to vote.

(6) Where a proxy gives specific directions as to voting, this does not, unless the proxy states otherwise, preclude the proxy-holder from voting at his discretion on resolutions put to the meeting which are not dealt with in the proxy.”.

Amendment of Rule 8.5

136.  In paragraph (4) of Rule 8.5 for the words “to be used” to the end there shall be substituted the words “(including proofs) sent or given, in accordance with directions contained in any notice convening the meeting, to the chairman of that meeting or to any other person by a creditor, member or contributory for the purpose of that meeting.”.

Amendment of Rule 8.6

137.—(1) After paragraph (1) of Rule 8.6 there shall be inserted the following paragraph:—

“(1A) Where a proxy-holder has signed the proxy as being authorised to do so by his principal and the proxy specifically directs him to vote in the way mentioned in paragraph (1), he shall nevertheless not vote in that way unless he produces to the chairman of the meeting written authorisation from his principal sufficient to show that the proxy-holder was entitled so to sign the proxy.”.

(2) In paragraph (2) of Rule 8.6 after the word “capacity” there shall be inserted the words “under Rule 8.3”.

Amendment of Rule 8.7

138.  After paragraph (2) of Rule 8.7 there shall be added the following paragraph:—

“(3) Nothing in this Rule requires the authority of a person to sign a proxy on behalf of a principal which is a corporation to be in the form of a resolution of that corporation.”.