Document ID: chunk:federal_register_of_legislation:F2022C01140:body:0:p44
Version: federal_register_of_legislation:F2022C01140
Segment Type: other
Provision Reference: 
Character Range: 120838–123876

entitled to attend and vote at a meeting is not entitled to speak or vote as attorney at the meeting unless:
           (a) the instrument by which the person was appointed as attorney has been produced to the external administrator; or
           (b) the external administrator is otherwise satisfied that the person claiming to be the attorney of the person entitled to vote is the duly authorised attorney of that person.

       Subdivision E—Additional rules about pooled groups

       75‑180  Meetings of eligible unsecured creditors

        (1) This section is made for the purposes of subsection 80‑26(5) of the Insolvency Practice Schedule (Corporations).

        (2) A meeting of the eligible unsecured creditors of each of the companies in a pooled group required to be convened under subsection 577(1A) of the Act must be convened by giving written notice of the meeting to the creditors.

        (3) The notice must be given to the creditors at least 5 business days before the meeting and must be accompanied by:
           (a) a copy of the pooling determination or variation to the pooling determination (as the case may be); and
           (b) a written statement:
              (i) identifying each of the companies in the pooled group; and
              (ii) setting out the opinion of the external administrator about each of the matters specified in subsection (4), and the reasons of the external administrator for those opinions; and
              (iii) if the external administrator considers that any eligible unsecured creditors are likely to be disadvantaged by the coming into force of the determination or variation—the reasons (if any) why the external administrator considers that those disadvantaged eligible unsecured creditors should vote for a resolution approving the making of the determination or variation; and
              (iv) setting out such other information known to the external administrator as will enable the eligible unsecured creditors to make an informed decision about whether to approve the making of the determination or variation.

        (4) For the purposes of subparagraph (3)(b)(ii), the matters are as follows:
           (a) whether it would be in the eligible unsecured creditors' interests generally for the determination or variation to come into force;
           (b) the extent to which particular eligible unsecured creditors are likely to be disadvantaged by the coming into force of the determination or variation;
           (c) the extent to which particular companies in the group are likely to be disadvantaged by the coming into force of the determination or variation;
           (d) the likely return to eligible unsecured creditors if the determination or variation were to come into force;
           (e) the likely return to eligible unsecured creditors if the determination or variation were not to come into force.

       75‑185  Copy of notice etc. to be given to certain creditors of the company

        (1) This section:
           (a) is made