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Bijural Terminology Records
Common Law
proxyholder
Civil Law
proxyholder
Title of the Legislative Text
Bankruptcy and Insolvency Act, R.S., c. B-3
Provision
109. (5) A corporation may vote by an authorized agent at meetings of creditors.
Problem
The terms
"agent/mandataire"are inappropriate in this provision for both civil law and common law. To designate a person who has the authority to represent another person in some meeting and exercise his or her rights – voting rights or any other rights – the appropriate term is, for both systems,
"proxyholder" in English and"fondé de pouvoir"in French.
Solution
In the English version, the term
"agent"is replaced by
"proxyholder". In the French version, the terms
"un mandataire"are replaced by
"d'un fondé de pouvoir".
Harmonized Provision
109. (5) A corporation may vote by an authorized proxyholder at meetings of creditors.
Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 63(2).
