1977 Ed.]
Bankruptcy Rules
[CAP. 6
A 29
[Subsidiary]
Meetings of creditors
100. The Official Receiver shall give 3 days' notice to the debtor of the time and place appointed for the first meeting of creditors. The notice may be either delivered to him personally or sent to him by prepaid letter post, as may be convenient. It shall nevertheless be the duty of the debtor to attend such first meeting although the notice is not sent to or does not reach him.
101. The Official Receiver shall fix the day for the first meeting, and shall forthwith gazette and advertise the same in one local newspaper if he considers such advertisement desirable. The Official Receiver shall also give notice to the creditors.
102. The notices of subsequent meetings shall be issued to creditors by the Official Receiver or trustee. Where no special time is prescribed, the notices shall be sent off not less than 3 days before the day appointed for the meeting.
103. Where a meeting of creditors is called by notice, the proceedings had and resolutions passed at such meeting shall, unless the court otherwise orders, be valid notwithstanding that some creditors have not received the notice summoning the meeting.
104. Where a trustee summons a meeting of creditors, he shall send to the Official Receiver a copy of the notice convening the meeting.
105. A certificate by the Official Receiver or other officer of the court or by the clerk of any such person, or an affidavit by the trustee or his solicitor or the clerk of either of such persons, that the notice of any meeting of creditors or sitting of the court has been duly posted shall be sufficient evidence of such notice having been duly sent to the person to whom the same was addressed.
Notice to debtor of first meeting. R240.
Forms 29, 35, 39. G.N.A. 124/55.
Notice of first meeting. R241. Forms 30, 31,
39, 40.
Notices of other meetings.
R242. Forms 31, 32, 43, 44.
Non-reception of notice by creditor.
R243. G.N.A. 124/55.
Notice to Official Receiver of creditors' meetings.
R244.
Proof of notice.
R245. Forms 33, 34, 41, 42.
G.N.A. 124/55.
106. [Revoked, L.N. 7/76]
R248.
107. Where a meeting of creditors is adjourned, the adjourned
Adjournment. meeting shall be held at the same place as the original place of meeting unless in the resolution for adjournment another place is specified.
TOTA.
Form 37.
R249.
108. In calculating a quorum of creditors present at a meeting,
Quorum. those persons only who are entitled to vote at the meeting shall be reckoned.
Proof of debts
109. An affidavit of proof of debt may be sworn or declared before the Official Receiver or any person authorized to administer oaths or take statutory declarations.
Swearing of proof.
R.250.
Forms 46, 47.