Does a Proxy Instrument Have to be in a Particular Form?
A proxy instrument does not have to be in a particular form. Any form is acceptable, provided:
- the proxy instrument is “in writing, under the hand of the appointer or the appointer’s attorney” (in accordance with Section 52 (4) of the Condominium Act, 1998 (“the Act”);
- the proxy instrument is only for a particular meeting (including any adjournment of that meeting);
- the proxy instrument clearly expresses the appointer’s desire to have his or her vote exercised by the appointed proxy; and
- the appointer has the right to vote at the meeting.
[In relation to the election or removal of Directors, the proxy instrument must also state the name(s) of the Director(s) for and against whom the proxy is to vote – in accordance with Section 52 (5) of the Act.]
There is no requirement that the proxy instrument be in the prescribed form (contained in the regulations under the Act). The prescribed form is only one option.
There is also no requirement that the proxy instrument be in the form, if any, attached (by the corporation) to the Notice of Meeting. Again that is only one option.
As long as the above list of requirements is met, any form will do.