Check whether a proxy vote can be counted
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the proxy instrument and the roll, record its date, when it was given to the secretary, how many other proxies the holder has, any voting limit on the form, and whether the appointor is also voting. Leave blank whether the vote counts. The tool does not complete the proxy form.
- What the lawyer must review
- Schedule 1 clause 26 says a duly appointed proxy is appointed in the form approved by the Secretary, signed or otherwise executed as the regulations permit. The instrument is ineffective unless it is dated and given to the secretary at least 24 hours before the first meeting for a large corporation, or at or before that meeting in any other case. The definition of large corporation was not opened. The instrument lasts until the later of its first anniversary and the end of the second annual general meeting after the day it takes effect, unless revoked sooner or limited to a shorter period. A later instrument given in accordance with the clause replaces the earlier one. A person other than as co-owner may hold one proxy if the scheme has 20 lots or fewer, and not more than 5 percent of the lots if it has more. An owner of more than one lot may appoint one proxy for all of them. Clause 25 says a proxy cannot vote on a matter if the appointor is voting on it personally, and a vote outside the limit in the instrument is invalid. An original owner, or a person connected with the original owner, cannot vote by a proxy or power of attorney given under the sale contract or an ancillary arrangement. That does not apply to a proxy given by a person to another person connected with them. A vote by a proxy who is a building manager, an on-site residential property manager or a strata managing agent is invalid if it would obtain a pecuniary interest or any other material benefit for the proxy. Material benefit includes an extension or further term, an increase in remuneration, an approval under section 57(3)(b) or (c), and a decision about litigation relating to the proxy. Section 57 was not opened. Clause 25A limits a person acting under a power of attorney to one owner if the scheme has not more than 20 lots, or 5 percent of owners if it has more. A power for a family member is not counted in that limit. The definition of connected, and of family, was not opened.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the date on the instrument and when it reached the secretary. A large corporation needs 24 hours. That term was not defined on the page used for this task.
- Count the holder's other proxies against one, or 5 percent of the lots. Do not count a co-owner proxy in that cap.
- If the appointor votes in person, the proxy does not vote on that matter. A vote outside the instrument is invalid.
- A manager proxy fails if the motion would give that proxy a pecuniary interest or a material benefit of the kinds clause 25(8) lists.
Sources
- Strata Schemes Management Act 2015 (NSW) Schedule 1 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.