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CORPORATIONS ACT 2001 - SECT 252Y
Appointing a proxy
(1) An appointment of a proxy is valid if it is signed by the member of the
registered scheme making the appointment and contains the following
- the member's name and address;
- the scheme's name;
- the proxy's name or the name of the office held by the proxy;
- the meetings at which the appointment may be used.
An appointment may be a standing one
(2) A registered scheme's constitution
may provide that an appointment is valid even if it contains only some of the
information required by subsection (1).
(3) An undated appointment is taken to have been dated on the day it is given
to the responsible entity.
(4) An appointment may specify the way the proxy is to vote on a particular
resolution. If it does:
- the proxy need not vote on a show of hands, but
if the proxy does so, the proxy must vote that way; and
- if the proxy has 2 or more appointments that specify different ways to
vote on the resolutionthe proxy must not vote on a show of hands; and
- if the proxy is the chairthe proxy must vote on a poll, and must
vote that way; and
- if the proxy is not the chairthe proxy need not vote on a poll, but
if the proxy does so, the proxy must vote that way.
If a proxy is also a member, this subsection does not affect the way that the
person can cast any votes they hold as a member.
- Note: The scheme's constitution may provide that a proxy is not entitled to
vote on a show of hands (see subsection 252W(2)).
(5) A person who contravenes subsection (4) is guilty of an offence, but
only if their appointment as a proxy resulted from the responsible entity
sending to members:
- a list of persons willing to act as proxies; or
- a proxy appointment form holding the person out as being willing to act as
(6) An appointment does not have to be witnessed.
(7) A later appointment revokes an earlier one if both appointments could not
be validly exercised at the meeting.
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