MEETINGS OF SHAREHOLDERS 139
articles usually provide for such a right and set out a form
of proxy, and the provisions and form must be strictly followed
"Harben v. Phillips (1882), 23 Ch. D. 14]. But where articles
prescribe that proxies must be in a specified form, ‘or as near
thereto as circumstances permit,’ and the specified form is a
proxy applicable to a single meeting, general proxies, properly
stamped as such, should not be excluded [Isaacs v. Chapman
(1916), 32 T.L.R. 237]. There is no need for a shareholder’s
signature on a proxy to be witnessed, unless the articles of the
company so require.

The proxy may be signed in blank so long as it is properly
filled up by the time it is used [Ernest v. Loma Gold Mines
1897), 1 Ch. 1], even though at the time of the execution
the date of the meeting has not been fixed [Sadgrove v.
Bryden (1907), 1 Ch. 318]. It would appear that this applies
to inserting the name of the proxy provided the name is
inserted by someone with express or implied authority to
complete it; [cf. re Lancaster, 5 C.D. 911; ex parte Duce,
13 C.D. 429]. If a company sends out forms of proxy, it
asually inserts the name of the intended proxy; but if no
name is inserted and a shareholder signs the form of proxy
and returns it to the company without inserting any name,
semble the Board of directors would have implied authority to
complete it by directing the secretary to insert the name of a
proxy [Ernest v. Loma Gold Mines, supra]. The above cases
do not apply to meetings held pursuant to s. 153 to confirm
a scheme of arrangement since the form approved by the
Court is framed with the object of compelling the shareholder
to exercise his own discretion in the matter of how be shall
vote [cf. Magadi Soda Company, 94 L.J. Ch. 217]; nor, semble,
do they apply to meetings of statutory companies (see below).
Though an unqualified person is named in a proxy, yet
if the qualification exists when the proxy is lodged and
when it is used, it cannot be objected to [Bombay Burmah
Corporation v. Dorabji (1905), A.C. 213].

The company’s funds may be used by the directors in
sending out proxies containing the names of the directors, or
in stamping the instruments provided the directors in so
doing are acting bond fide in the interests of the company
[Peel v. London and North Western Railway Co. (1907), 1 Ch.
5, overruling on this point Studdert v. Grosvenor (1886),
33 Ch. D., 528].

A proxy to be used at one specified meeting or an adjourn-
ment thereof need only be stamped with a penny stamp.
In all other cases a 10s. stamp is necessary [Stamp Act, 1891
'54 & 55 Vict. c. 30), s. 801 If only a penny stamp is needed,