045
-
23. The chairman of a meeting may, with the con- sent of the meeting, adjourn the meeting from time to time and from place to place.
24. A meeting shall not be competent to act for any purpose, except the election of a chairman, the proving of debts, and the adjournment of the meet- ing, unless there are present, or represented thereat, at least three creditors, or all the creditors if their number does not exceed three.
25. If within half an hour from the time appointed for the meeting a quorum of creditors is not present or represented, the meeting shall be adjourned to the same day in the following week at the same time and place, or to such other day as the chairman may ap- point, not being less than seven nor more than twenty- one days.
26. The chairman of every meeting shall cause minutes of the proceedings at the meeting to be drawn up and fairly entered in a record kept for that purpose, and the minutes shall be signed by him or by the chairman of the next ensuing meeting.
27. No person acting either under a general or special proxy shall vote in favour of any resolution which would directly or indirectly place himself, his partner or employer, in a position to receive any remuneration out of the estate of the debtor otherwise than as a creditor rateably with the other creditors of the debtor: Provided that where any person holds special proxies to vote for the appointment of himself as trustee he may use the said proxies and vote ac- cordingly.
28. The vote of the trustee, or of his partner, clerk, solicitor, or solicitor's clerk, either as creditor or as proxy for a creditor, shall not be reckoned in the ma- jority required for passing any resolution affecting the conduct of the trustee.
SECOND SCHEDULE.
[s. 36.]
PROOF OF DEBTS.
Proof in ordinary cases.
1. Every creditor shall prove his debt as soon as may be after the making of a receiving order.
2. A debt may be proved by delivering or sending through the post in a prepaid letter to the Official Receiver, or, if a trustee has been appointed, to the trustee, an affidavit verifying the debt.
3. The affidavit may be made by the creditor him- self, or by some person authorised by or on behalf of the creditor and having knowledge of the facts. If made by a person so authorised, it shall state his authority and means of knowledge.
4. The affidavit shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated. The Official Receiver or trustee may at any time call for the production of the vouchers. The particulars shall be in the English language.
5. The affidavit shall state whether the creditor is or is not a secured creditor, and if it is found at any time that the affidavit made by or on behalf of.a secured creditor has omitted to state that he is a
No comments yet.
Private notes are available after approval.