Document ID: chunk:federal_register_of_legislation:F2022C01140:body:0:p35
Version: federal_register_of_legislation:F2022C01140
Segment Type: other
Provision Reference: 
Character Range: 98055–100875

that the evidence is insufficient for the purposes of subsection (1) or (1A), the administrator, before asking for further information, must have regard to the expected dividend rate and the materiality of the issue requiring clarification.

        (3) An external administrator must keep a copy of any evidence or information relied on in deciding, for the purposes of voting or distributing dividends, whether to accept or reject a creditor's claim.

       75‑97  Voting by proxy if financially interested

         A person acting under a general proxy must not vote in favour of any resolution which would directly or indirectly place:
           (a) the person; or
           (b) the person's partner; or
           (c) the person's employer;
       in a position to receive any remuneration out of assets of the company except as a creditor rateably with the other creditors of the company.

       75‑100  Decisions in relation to entitlement to vote at creditors' meeting

        (1) The person presiding at a meeting may determine any question that arises as to the entitlement of a person to vote.

        (2) In deciding whether a person is entitled to vote at a meeting of creditors, the person presiding must:
           (a) have regard to the merits of the person's claim; and
           (b) act impartially and independently.

        (3) If the person presiding is in doubt whether a proof of debt or claim should be admitted or rejected, her or she must mark that proof as objected to and allow the creditor to vote, subject to the vote being declared invalid if the objection is sustained.

        (4) A decision by the person presiding to admit or reject a proof of debt or claim for the purposes of voting may be appealed against to the Court within 10 business days after the decision.

       75‑105  Quorum

        (1) Subject to subsection (3), if a quorum is not present, a meeting must not act for any purpose other than the following:
           (a) the election of a person to preside at the meeting;
           (b) the proving of debts;
           (c) the adjournment of the meeting.

        (2) A quorum consists of:
           (a) if the number of persons entitled to vote exceeds 2—at least 2 of those persons; or
           (b) if only one person is, or 2 persons are, entitled to vote—that person or those persons;
       present in person or by proxy or attorney.

        (3) A meeting is sufficiently constituted if only one person is present in person at the meeting if the person represents personally or by proxy or otherwise a number of persons sufficient to constitute a quorum.
 (4) If, within 30 minutes after the time appointed for a meeting:
 (a) a quorum is not present; or
 (b) the meeting is not otherwise sufficiently constituted;
the meeting is adjourned to a