Also known as:proxies · proxied · proxying · agent · representative · substitute
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
A person authorized to act or vote in place of another.
2
The document granting authority to act or vote in place of another.
Each sense below has its own examples, sources, and questions.
Sense 1
1
Sense 1
A person authorized to act or vote in place of another.
Examples5
Electoral Proxy Appointment
Philip Powell authorizes Piper Patel to serve as his proxy in casting electoral votes for president under state procedures. Piper attends the meeting of electors and submits the ballot on Philip's behalf. The vote counts toward the state's total because the proxy authority aligns with the constitutional appointment process.
Party Admission Through Proxy
Pulse Media's CEO directs an employee to make a statement about product safety during a deposition. The statement is offered against the company at trial. Because the employee spoke in a representative capacity the admission comes in as non-hearsay.
Sense 2
2
Sense 2
The document granting authority to act or vote in place of another.
Examples1
Proxy Devise Subject To Lien
Pierce Patterson's will devises mortgaged land to Perry Pratt without directing payment of the debt from the estate. The personal representative does not exonerate the property. Perry takes title subject to the mortgage under the modern rule.
Prism Analytics appoints Peter Park as its ongoing proxy to handle all vendor contracts. Peter negotiates and signs multiple agreements over two years without new authorization each time. The continuity of service makes Peter a general agent whose acts bind the company.
Habeas Proxy Challenge
A detainee held as an enemy combatant authorizes proxy counsel to file a habeas petition. Counsel challenges the President's authority to detain and seeks to introduce exculpatory evidence. The court requires a meaningful substitute process allowing contest of fact-finding and pursuit of release.
Partner Proxy Authority
Patricia Patel signs a supply contract in the name of Pinnacle Holdings. The deal appears to further the partnership's ordinary business. The partnership is bound even though Patricia lacked express permission from every partner.
3
How does a proxy differ from a general power of attorney?+
A proxy typically grants narrow authority to vote shares or act at a specific meeting while a power of attorney can cover broader ongoing matters. Corporate statutes and bylaws govern proxy formalities and revocation.
When is a proxy revocable?+
A proxy is revocable unless coupled with an interest such as a pledge of shares. Revocation occurs by later writing notice or by the shareholder appearing and voting in person.
Does federal law regulate corporate proxies?+
Yes the Securities Exchange Act of 1934 and SEC rules govern solicitation of proxies in publicly traded companies including disclosure and shareholder proposal requirements.
17 U.S. (4 Wheat.) 316 (1819)Business Associations
…bank if it is an appropriate fiscal instrument. The necessity of the Bank is a question for the legislature; the Court will not substitute judicial discretion for legislative judgment where acts are not prohibited by the Constitution. The existence of State banks has no bearing on the question. The Constitution shows no…