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9. A proxy is entitled to exercise, or abstain from exercising, any
voting right of the shareholder without direction, except to the
extent that the MOI or proxy instrument provides otherwise (sec-
tion 58(7)).
10. If a company issues an invitation to shareholders to appoint one
or more persons named by the company as a proxy, or supplies a
form of proxy instrument:
the invitation must be sent to every shareholder entitled to no-
tice of the meeting at which the proxy is intended to be exer-
cised (section 58(8)(a));
the invitation or form of proxy instrument supplied by the com-
pany must:
10.1.1 bear a reasonably prominent summary of the rights estab-
lished in section 58 of the Companies Act (section 58(8)(b)
(i));
10.1.2 contain adequate blank space, immediately preceding the
name(s) of any person(s) named in it, to enable a sharehold-
er to write the name, and if desired, an alternative name of a
proxy chosen by the shareholder (section 58(8)(b)(ii)); and
10.1.3 provide adequate space for the shareholder to indicate
whether the appointed proxy is to vote in favour of or
against any resolution(s) to be put at the meeting, or is to
abstain from voting (section 58(8)(b)(iii));
the company must not require that the proxy appointment be
made irrevocable (section 58(8)(c)); and
the proxy appointment remains valid only until the end of the
meeting at which it was intended to be used, subject to para-
graph 7 above (section 58(8)(d)).
Form of Proxy