Bankruptcy Act. Australia

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СКАЧАТЬ trustee proposes to charge on the basis of a commission upon money received by the trustee — state the rate of that commission;

      and must also state the periods at which the trustee proposes to withdraw funds from the bankrupt’s estate in respect of the trustee’s remuneration.

      (5A) The statement under subsection (5) must also include:

      (a) an estimate of the total amount of the trustee’s remuneration; and

      (b) an explanation of the likely impact of that remuneration on the dividends (if any) to creditors.

      (6) Any of the creditors and their representatives may ask the trustee questions about the proposed remuneration of the trustee and, if such a question is asked, the trustee must answer it.

      (6A) The President must invite the creditors and their representatives to propose a motion that the trustee be remunerated in accordance with the statement and, if no such motion is proposed, the trustee may propose such a motion.

      (7) Any of the creditors and their representatives may move an amendment to a motion proposed in accordance with subsection (6A) so as to change in any way the basis on which the trustee is to charge or the periods at which the trustee may withdraw funds in respect of his or her remuneration or to refer the fixing of the trustee’s remuneration to a committee of inspection.

      (7A) If:

      (a) the meeting is the first meeting of the bankrupt’s creditors and the trustee is a registered trustee; and

      (b) the following apply:

      (i) before the meeting the trustee had given a notice under section 64ZBA that contained a proposal relating to how the trustee was to be remunerated;

      (ii) the notice satisfied subsections 64ZBA(2) and (2A);

      (iii) the proposal was taken to have been passed under subsection 64ZBA(3);

      then subsections (1) to (7) of this section do not apply in relation to the meeting.

      (8) If the meeting is not the first meeting of the bankrupt’s creditors and the trustee is a registered trustee, the President must request the trustee to lay before the meeting a statement of the amount of remuneration drawn by the trustee from the funds of the bankrupt’s estate before the meeting was held and the trustee must comply with the request.

      64V Appointment of committee of inspection [see Table B]

      The President must then tell the creditors and their representatives that, if they wish to appoint a committee of inspection, a motion for the appointment of such a committee may be proposed and must explain to them the effect of section 70.

      64W Other business [see Table B]

      If no motion is proposed for the appointment of a committee of inspection, or a motion for the appointment of such a committee has been passed or defeated, the President must then invite the creditors and their representatives to raise any other matters relevant to the bankruptcy.

      64X Next meeting [see Table B]

      (1) The President must then invite the creditors and their representatives to propose a motion fixing a time, date and place for another meeting.

      (2) The passing of a resolution fixing a time, date and place for another meeting does not prevent the trustee from convening any other meeting before or after the date so fixed.

      Subdivision E

      Miscellaneous

      64Y Adjournment of meeting [see Table B]

      (1) If, at any time during a meeting, the meeting is adjourned, or a resolution is passed for the adjournment of the meeting:

      (a) the adjourned meeting is taken to be a continuation of the original meeting; and

      (b) without limiting the application of paragraph (a):

      (i) the persons who carried out the duties of President and minutes secretary at the original meeting are to continue to do so at the adjourned meeting; and

      (ii) any matters required to be dealt with at the original meeting that were not so dealt with are to be dealt with at the adjourned meeting.

      (2) The trustee must give notice of the time, date and place of the adjourned meeting to each creditor in accordance with subsection 64A(2).

      64Z Duties of minutes secretary [see Table B]

      (1) It is the duty of the minutes secretary of a meeting to take minutes in accordance with this section recording the business transacted at the meeting.

      (2) The minutes may, but need not, record full particulars of statements made, questions asked and answers given at the meeting but must contain sufficient particulars to show that the meeting dealt with all matters that are required by this Division to be dealt with.

      (3) Without limiting the generality of subsection (2), the minutes must record:

      (a) the name, and the address of a place of residence or business, of the minutes secretary or, if there were different minutes secretaries at different times during the meeting, of each minutes secretary; and

      (b) the votes cast for each nominee at an election of a person to preside at the meeting (other than an election at which voting took place on the voices); and

      (c) the name, and the address of a place of residence or business, of the President or, if there were different Presidents at different times during the meeting, of each President.

      (4) The minutes must record the precise words of each motion proposed at the meeting and of any amendment proposed to such a motion.

      (5) If a resolution or a special resolution is passed at the meeting:

      (a) the minutes secretary must prepare a certificate recording the precise words of the resolution or special resolution; and

      (b) the President and the minutes secretary must each sign the certificate; and

      (c) the minutes secretary must give the certificate:

      (i) to the trustee; or

      (ii) in the case of a resolution passed under section 181 removing the trustee — to the trustee appointed in place of the trustee removed and to the Official Receiver; and

      (d) the trustee to whom the certificate is given must keep it and allow the bankrupt, a creditor or an authorised employee to inspect it at any reasonable time.

      (6) If a motion is passed or defeated on the voices, the minutes must record that fact and, if a person who voted against a motion that was passed on the voices asks that the person’s dissent be recorded in the minutes, that dissent must be so recorded.

      (7) The minutes must record the value of each creditor’s debt and the total value of the debts of all the creditors.

      (8) If a poll is taken on a motion, the minutes must record:

      (a) the number and СКАЧАТЬ