Bankruptcy (Scotland) Act 2016

PART 2 SAll meetings of creditors

Validity of proceedingsS

12SNo proceedings at a meeting are invalidated by reason only that a notice or other document relating to the calling of the meeting, being a notice required to be sent or given under a provision of this Act, has not been received by, or come to the attention of, any creditor before the meeting.

Commencement Information

I1Sch. 6 para. 12 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Locus of meetingS

13SEvery meeting must be held in such place (whether or not in the sheriffdom) as is, in the opinion of the person calling the meeting, the most convenient for the majority of the creditors.

Commencement Information

I2Sch. 6 para. 13 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

MandatoriesS

14SA creditor may authorise in writing a person to represent the creditor at a meeting.

Commencement Information

I3Sch. 6 para. 14 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

15SA creditor must lodge with the trustee, before the commencement of the meeting, any authorisation given under paragraph 14.

Commencement Information

I4Sch. 6 para. 15 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

16SAny reference in paragraph 8, or in the following provisions of this Part, to a creditor includes a reference to a person authorised under paragraph 14 by a creditor.

Commencement Information

I5Sch. 6 para. 16 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

QuorumS

17SThe quorum at any meeting is one creditor.

Commencement Information

I6Sch. 6 para. 17 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Voting at meetingS

18SAny question at a meeting is to be determined by a majority in value of the creditors who vote on that question.

Commencement Information

I7Sch. 6 para. 18 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Objections by creditorsS

19SAt any meeting the person chairing it may allow or disallow any objection by a creditor, other than (if the person chairing the meeting is not the trustee) an objection relating to a creditor's claim.

Commencement Information

I8Sch. 6 para. 19 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

20SA person aggrieved by the determination of the person chairing the meeting in respect of an objection may appeal to the sheriff against the determination.

Commencement Information

I9Sch. 6 para. 20 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

21SIf the person chairing the meeting is in doubt as to whether to allow or disallow an objection, the meeting must proceed as if no objection had been made, except that for the purposes of appeal the objection is to be deemed to have been disallowed.

Commencement Information

I10Sch. 6 para. 21 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Adjournment of meetingS

22SIf no creditor has appeared at a meeting by half an hour after the time appointed for its commencement, the person chairing the meeting may adjourn it to such other day as that person may appoint, being a day no fewer than 7, nor more than 21, days after that on which the meeting is adjourned.

Commencement Information

I11Sch. 6 para. 22 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

23SThe person chairing the meeting may, with the consent of a majority in value of the creditors who vote on a resolution to adjourn a meeting, adjourn the meeting.

Commencement Information

I12Sch. 6 para. 23 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

24SAny adjourned meeting must be held at the same time and place as the original meeting, unless in the resolution another time or place is specified.

Commencement Information

I13Sch. 6 para. 24 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Minutes of meetingS

25SThe minutes of every meeting must be signed by the person who chaired the meeting and within 14 days after the meeting must be sent to AiB.

Commencement Information

I14Sch. 6 para. 25 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2