PART 8DECISION MAKING

CHAPTER 3Notices, voting and venues for decisions

Voting in a decision procedure8.9

1

In order to be counted in a decision procedure other than where votes are cast at a meeting, votes must—

a

be received by the convener on or before the decision date; and

b

in the case of a vote cast by a creditor, be accompanied by a statement of claim and documentary evidence of debt (where the requirement to provide the latter is not dispensed with under rule 8.28(2)) unless already given to the convener.

2

In a receivership, a creditors’ voluntary winding up or a winding up by the court a vote must be disregarded if—

a

a statement of claim and, where required, documentary evidence of debt are not received by the convener on or before the decision date or, in the case of a meeting, at or before the meeting (unless under rule 8.26 the chair is content to accept them before resumption of the adjourned meeting); or

b

the convener decides, in the application of Chapter 8 of this Part, that the creditor is not entitled to cast the vote.

3

The convener must have received at least one valid vote on or before the decision date in order for the decision to be made.