Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 64ZC

Appointment of proxies [see Table B]

             (1)  An instrument appointing a proxy must set out:

                     (a)  the full name, and the address of a place of residence or business, of the creditor; and

                     (b)  the full name, and the address of a place of residence or business, of the person appointed as proxy.

             (2)  An instrument appointing a proxy may appoint more than one person as proxy but:

                     (a)  if the first person named in the instrument as a proxy is participating in person or by telephone in the meeting, only that person may cast the creditor's vote; and

                     (b)  any other person named in the instrument as a proxy may cast the creditor's vote if, and only if, that person is participating in person or by telephone in the meeting and no person named in the instrument as a proxy before the name of that person is participating in person or by telephone in the meeting.

             (3)  An instrument appointing a proxy must set out the bankrupt's name and must state whether the appointment relates to a particular meeting or to all meetings.

             (4)  An instrument appointing a proxy may authorise the proxy to cast the creditor's vote at a meeting to which the proxy relates on all matters arising at the meeting or may authorise the proxy to cast the creditor's vote at that meeting only on matters specified in the instrument.

             (5)  An instrument appointing a proxy may direct the proxy as to the manner in which the proxy is to vote on a particular matter or matters that may arise at the meeting or on a particular motion or motions that may be proposed at the meeting.

             (6)  If an instrument appointing a proxy purports to appoint the bankrupt as a proxy, the purported appointment does not have any effect but, if the instrument also appoints another person as a proxy, the appointment of the other person is not affected and the instrument has effect as if the purported appointment of the bankrupt were not included.



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