The creditor filed a notice of proxy by telephone. The Chairman of the creditor’s meeting refused to accept it. The creditor applied to the court.
Held: The rules required a signed proxy, but a faxed signature was acceptable. Forms of signature other than those done under hand had been accepted previously. The transmission of a letter by fax did not create any confusion by way of duplication. The chairman should have accepted the proxy by fax. A faxed signature fulfilled the statutory requirement, being a distinctive or personal marking placed there by authority of the creditor.
Judges:
Laddie J
Citations:
[1996] All ER 2 345
Links:
Jurisdiction:
England and Wales
Insolvency
Updated: 29 June 2022; Ref: scu.174442