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ACCA Applied Skills · Corporate and Business Law (Global) · Company meetings and resolutions

Orla is a member of Pike Ltd and cannot attend a general meeting. She appoints Sam as proxy. Which statement about Sam's rights at the meeting is correct under the usual rules?

Sam may speak and vote at the meeting on Orla's behalf. A proxy does not have to be a member of the company, and has the right to attend, speak and vote for the member who appointed him.

  1. ASam must be a member of the company to act as proxy
  2. BSam may speak and vote at the meeting on Orla's behalfCorrect
  3. CSam may vote only on a poll and may not speak at the meeting

Explanation

A proxy need not be a member, so the first option is wrong. A proxy has the right to attend, speak and vote at the meeting on the member's behalf, including on a show of hands. The restriction to poll voting only is incorrect for a private or public company's proxy under the usual rules.

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