Document ID: chunk:federal_register_of_legislation:F2022C01140:body:0:p37
Version: federal_register_of_legislation:F2022C01140
Segment Type: other
Provision Reference: 
Character Range: 103028–105767

virtual meeting technology is not used in holding the meeting:
 (i) if a poll is requested by the person presiding at the meeting or by a person participating and entitled to vote at the meeting—on a poll; or
 (ii) otherwise—on the voices; or
 (b) if virtual meeting technology is used in holding the meeting—in accordance with subsection 75‑75(3).
 (2) Despite subparagraph (1)(a)(i), a vote taken at a joint meeting of creditors and members of a company must be decided on the voices unless virtual meeting technology is used in holding the meeting.

        (3) Unless a poll is requested or virtual meeting technology is used in holding the meeting, the person presiding at the meeting must declare that a resolution has been:
           (a) passed; or
           (b) passed unanimously; or
           (c) passed by a particular majority; or
           (d) lost;
       on the voices.

        (4) A declaration is conclusive evidence of the result to which it refers, without proof of the number or proportion of the votes recorded in favour of or against the resolution, unless a poll is requested or virtual meeting technology is used in holding the meeting.

        (5) If a poll is requested:
           (a) the poll must be taken immediately; and
           (b) the person presiding at the meeting may determine the manner in which the poll is to be taken.
 (5A) If a poll is required because virtual meeting technology is used in holding the meeting, the person presiding at the meeting may determine the manner in which the poll is to be taken.

        (6) If a creditor of a company, by contract, surrenders or limits all or some of his or her rights to vote at a meeting of creditors:
           (a) the creditor must not vote except in accordance with the contract; and
           (b) any vote which is not in accordance with the contract will not be counted.

        (7) For the purposes of determining whether a resolution is passed at a meeting of creditors of a company, the value of a creditor of the company who:
           (a) is a related creditor (within the meaning of subsection 75‑41(4) of the Insolvency Practice Schedule (Corporations)), for the purposes of the vote, in relation to the company; and
           (b) has been assigned a debt; and
           (c) is present at the meeting personally, by telephone, by proxy or attorney; and
           (d) is voting on the resolution;
       is to be worked out by taking the value of the assigned debt to be equal to the value of the consideration that the related creditor gave for the assignment of the debt.

       75‑115  When a resolution is passed at a meeting of creditors after a poll is demanded or required

        (1) A resolution is passed at a