Bankruptcy Act. Australia

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СКАЧАТЬ and introduction of the trustee and the bankrupt;

      (b) appointment of a minutes secretary;

      (c) announcement of appointment of proxies and attorneys and circulation of instruments appointing proxies and copies of powers of attorney for inspection by the persons present;

      (d) determination whether a quorum exists;

      (e) election of a person to preside at the remainder of the meeting;

      (f) proposal of a motion “that the meeting is being held at a time, date and place that are convenient to the majority of creditors”;

      (g) if the meeting is the first meeting — tabling of the bankrupt’s statement of affairs;

      (h) statements by the trustee and by creditors and their representatives;

      (i) questions to the trustee and to the bankrupt;

      (j) President’s summary of matters raised in statements and questions;

      (k) proposal of other motions (if any);

      (l) if the trustee is a registered trustee who does not wish to be remunerated as prescribed by the regulations — if the meeting is the first meeting, approval of the remuneration proposed by the trustee, or, if the meeting is a subsequent meeting, a statement by the trustee of the amount of remuneration drawn before the meeting was held;

      (m) appointment of committee of inspection (if required);

      (n) any other business;

      (o) fixing of time, date and place for another meeting;

      (p) closure of meeting.

      Subdivision C

      Procedure before opening of meeting

      64H Creditors, or proxies or attorneys, participating by telephone

      (1) If a trustee has considered it appropriate that telephone conference facilities may be used for a meeting of creditors pursuant to section 64C and if a creditor, or the proxy or attorney of the creditor, who wishes to participate by telephone in the meeting has satisfied the requirements of paragraph 64C(b), in so far as they are applicable, the trustee must take all reasonable steps to ensure that the creditor, or the proxy or attorney of the creditor, is contacted on the telephone number provided by that person before the start of the meeting, and if such a person is so contacted the trustee must take all reasonable steps to ensure that that person can hear the proceedings, and can be heard, by means of those facilities, so that that person can participate in the meeting.

      (2) A creditor who, or whose proxy or attorney, so participates in the meeting by telephone is taken, for all purposes of this Act, to be present personally at the meeting.

      64J Preparation of attendance record [see Table B]

      (1) The trustee must prepare an attendance record in accordance with subsection (2) for the purposes of the meeting and must keep the record in his or her possession after the conclusion of the meeting.

      (2) The attendance record must include 5 columns and must indicate that particulars of creditors are to be entered as follows:

      (a) the name of each creditor participating in person or by telephone, or represented by a proxy or attorney participating in person or by telephone, is to be entered in the first column;

      (b) if a creditor is so represented by a proxy or attorney, the name of the proxy or attorney is to be entered in the second column opposite to the name of the creditor in the first column;

      (c) in respect of each creditor whose name is entered in the first column:

      (i) the value of the creditor’s debt is to be entered in the third column; and

      (ii) if the debt is secured in whole or in part:

      (A) the nature, and the value as estimated by the creditor, of the security is to be entered in the fourth column; and

      (B) the balance of the creditor’s debt after deducting that value is to be entered in the fifth column.

      (3) The attendance record must also include provision for recording whether the bankrupt is present and the names of any other persons present who are not creditors or proxies or attorneys of creditors, including provision for recording the capacity in which those other persons are present.

      Subdivision D

      Procedure at meetings

      64K Opening of meeting [see Table B]

      (1) The trustee is to preside at the meeting until a person is appointed to preside under section 64P.

      (2) The trustee must open the meeting and introduce himself or herself and, if the bankrupt is present, introduce the bankrupt.

      (3) If the bankrupt is not present, the trustee must announce that fact and, if the trustee is aware of any reason why the bankrupt is not present, must state that reason.

      (4) The trustee must circulate the attendance record prepared in accordance with section 64J among the creditors, and creditors’ proxies and attorneys, participating in person and must ask them to enter in that record the relevant particulars, as required by the attendance record, of:

      (a) the creditors who, or whose proxies and attorneys, are so participating in person; and

      (b) those proxies and attorneys; and

      (c) the debts of those creditors.

      (5) The trustee must enter in the attendance record the relevant particulars, as required by the attendance record, of:

      (a) creditors who, or whose proxies or attorneys, are participating in the meeting by telephone; and

      (b) those proxies and attorneys; and

      (c) the debts of those creditors.

      (6) The trustee must state in the attendance record whether or not the bankrupt is present and, if the bankrupt is not present and the trustee is aware of any reason why the bankrupt is not present, must set out that reason.

      64L Appointment of minutes secretary [see Table B]

      (1) The trustee must then:

      (a) invite the creditors and their representatives to propose a motion appointing a person to record the minutes of the meeting; or

      (b) if no such motion is passed — appoint a person to record those minutes.

      (2) Anyone participating in person in the meeting, whether or not a creditor or a proxy or attorney of a creditor, and including the trustee but not including the bankrupt, is eligible for appointment as the minutes secretary.

      (3) If a person appointed to record the minutes of a meeting subsequently refuses, or is unable, to record, or to continue to record, those minutes, subsections (1) and (2) apply for the purpose of appointing another person to record the minutes.

      64M СКАЧАТЬ