Corporations Amendment Regulations 2007 (No. 13) (325 of 2007)

Schedule 1   Amendments

[32]   Regulation 5.6.29

substitute

5.6.29 Form of proxies

(1) The appointment of a person as a proxy must be by:

(a) an instrument in accordance with Form 532, completed in hard copy in compliance with subregulation (2); or

(b) if the person convening the meeting offers an electronic address under paragraph 5.6.31 (2) (a) for the purpose of the receipt of proxy appointments - a copy of the instrument mentioned in paragraph (a), the copy made in a way that allows it to be given by electronic means (such as by email); or

(c) if the person convening the meeting offers other electronic means under paragraph 5.6.31 (2) (b) by which a person may give the proxy appointment - an electronic representation equivalent to Form 532 (such as an on-line Form) that may be completed and authenticated in compliance with subregulation (3).

(2) If Form 532 is to be completed in hard copy:

(a) the person appointing the proxy must sign the instrument of proxy, or, if incapable of writing, attach his or her mark to it; and

(b) the proxy of a person who is blind or incapable of writing must not be accepted unless:

(i) the person attaches his or her signature or mark to the instrument appointing the proxy after it has been completed; and

(ii) the instrument is read to him or her by a witness to his or her signature or mark (not being the person nominated as proxy) who completes the certificate of witness set out in Form 532.

Note 1 Form 532 may be lodged by facsimile after being completed in hard copy: see subregulation 5.6.28 (3).

Note 2 Form 532 may be lodged by email or similar means, in certain circumstances, after being completed in hard copy: see paragraph (1) (b).

(3) If Form 532 is to be completed in a way that allows it to be given by electronic means, the electronic authentication of the appointment of the proxy must include:

(a) a method of identifying the person entitled to appoint a proxy; and

(b) an indication of the person's approval of the information communicated.

(4) In this regulation, electronic means does not include a facsimile transmission.