Bankruptcy Act. Australia

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СКАЧАТЬ Trustee’s representative

      (1) The trustee of a bankrupt may, by signed writing, appoint a person to represent the trustee at a meeting.

      (2) If the trustee is not personally present at a meeting, then, unless the contrary intention appears, a reference in this Division to the trustee, in respect of matters occurring at that meeting, is a reference to a person so appointed to represent the trustee at that meeting.

      Subdivision B

      Convening of meetings

      64 Trustee to convene meetings

      (1) The trustee must convene a meeting of the creditors of a bankrupt:

      (a) whenever the creditors so direct by resolution; and

      (b) whenever so requested in writing by at least one-fourth in value of the creditors; and

      (c) whenever so requested in writing by less than one-fourth in value of the creditors, being a creditor who has, or creditors who together have, lodged with the trustee sufficient security for the cost of holding the meeting.

      (2) The trustee may convene at any time a meeting of the creditors of a bankrupt.

      (3) When convening a meeting, the trustee must consider whether the proposed time and place is convenient for the creditors.

      64A Persons to whom notice of meeting to be given [see Table B]

      (1) If:

      (a) the bankrupt has told the trustee, or the trustee has otherwise found out, that a person is a creditor of the bankrupt; and

      (b) the trustee is aware of one or more of the following:

      (i) the address of a place of business of the person;

      (ii) the address of a place of residence of the person or, in the case of a company, the address of its registered office;

      (iii) an address to which notices may be sent to the person;

      (iv) a document exchange number to which notices may be sent to the person;

      (v) a facsimile transmission number to which notices may be sent to the person;

      (vi) an e-mail address to which notices may be sent to the person;

      the trustee must give notice to the person of any meeting of the bankrupt’s creditors.

      (2) Notice of a meeting must be given in a manner specified in the regulations.

      64B Certain matters to be included in notice of meeting [see Table B]

      (1) The notice must set out the full name and the address of a place of residence of the bankrupt.

      (2) If the meeting is the first meeting of the bankrupt’s creditors, the notice must set out any trade or business name under which the bankrupt carried on business.

      (3) The notice must set out the time, date and place at which the meeting is to be held.

      (4) The notice must set out the agenda for the meeting and must state that additional matters may be added to the agenda with the leave of the meeting.

      (5) The notice must state that a creditor, or a proxy or attorney of a creditor, may make a statement at the meeting at the appropriate time during the proceedings.

      64C If telephone conference facilities are available

      If telephone conference facilities are expected to be available at the place where the meeting is to be held and the trustee considers that, having regard to all the circumstances, it will be appropriate to use those facilities, the notice must:

      (a) set out the relevant telephone number; and

      (b) tell the creditors that a creditor, or the proxy or attorney of a creditor, who wishes to participate in the meeting by telephone must give to the trustee, not later than the second-last working day before the day on which the meeting is to be held, a written statement setting out:

      (i) the name of the creditor and of the proxy or attorney (if any); and

      (ii) an address to which notices to the creditor, proxy or attorney may be sent; and

      (iii) a telephone number at which the creditor, proxy or attorney may be contacted; and

      (iv) any facsimile transmission number to which notices to the creditor, proxy or attorney may be sent; and

      (c) also tell the creditors that a creditor, or the proxy or attorney of a creditor, who participates in the meeting by telephone must pay any costs incurred by the creditor, proxy or attorney in so participating and is not entitled to be reimbursed those costs out of the bankrupt’s estate.

      64D Statement by creditor as to amount of debt [see Table B]

      The notice must state that each creditor must give to the trustee at or before the meeting a written statement setting out:

      (a) the amount in respect of which the creditor claims that the bankrupt is indebted to the creditor; and

      (aa) if the creditor has been assigned a debt that the bankrupt owes to the creditor — the value of the consideration that the creditor gave for the assignment of the debt; and

      (b) if the meeting is the first meeting of the bankrupt’s creditors:

      (i) whether the creditor holds a security in respect of the debt and, if so, the value of the security as estimated by the creditor and the amount of the creditor’s debt after deducting that value; and

      (ii) brief particulars of the transaction and circumstances that gave rise to the debt.

      64E Notice about voting by proxy [see Table B]

      (1) The notice must have attached to it a form for use in appointing a proxy.

      (2) The notice must tell the creditors that, where a creditor wishes to appoint a person to represent the creditor at the meeting as the creditor’s proxy, the creditor must complete the form of appointment of proxy and either:

      (a) arrange for the proxy to give the completed form to the trustee at the meeting; or

      (b) send the completed form with the statement given by the creditor to the trustee in accordance with section 64D.

      64F Notice about appointment of attorney

      The notice must tell the creditors that, where a creditor wishes to be represented at the meeting by an attorney, the creditor must arrange for the power of attorney to be produced to the trustee at or before the meeting.

      64G Agenda to be set out in notice of meeting [see Table B]

      The agenda to be set out in a notice of meeting in accordance with subsection 64B(4) is to comprise the following items:

      (a) СКАЧАТЬ