Companies Act 2014 section 701

Proxies

Section 701 sets out the rules governing how creditors, contributories, and members may appoint proxies to vote on their behalf at meetings during a company liquidation.

  • Creditors, contributories, and members may vote in person or by proxy, using either a special proxy (directed to vote in a specified way at a particular meeting) or a general proxy (given discretion to vote as they see fit).
  • Both general and special proxy forms must be sent out blank with the meeting notice β€” no names or descriptions of the liquidator or any other person may be pre-printed or inserted before dispatch.
  • A proxy must not vote in favour of any resolution that would directly or indirectly allow the proxy, their partner, or their employer to receive remuneration from the company's assets other than as an ordinary creditor sharing rateably with other creditors.
  • An exception applies where a person holds one or more special proxies specifically instructing them to vote for a court application to appoint themselves as liquidator β€” in that case, they may use those proxies and vote accordingly.

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