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

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 63(2).