PART 3

Initial stages of sequestration, statutory meeting and trustee vote

Statutory meeting

Submission of claims for voting purposes
46
1
For the purposes of voting at the statutory meeting a creditor (in this section and in section 47 referred to as “C”) must, in accordance with this section, submit a claim to the trustee in the sequestration at or before the meeting.
2
C submits a claim under this section by producing to the trustee—
a
a statement of claim in the prescribed form, and
b
an account or voucher (according to the nature of the debt) which constitutes prima facie evidence of the debt.
3
But the trustee may dispense with any requirement under subsection (2) in respect of any debt or of any class of debt.
4
Where C neither resides, nor has a place of business, in the United Kingdom, the trustee—
a
must, if the trustee knows where C does reside or have a place of business and if no notification has been given to C under section 44(3), write to C informing C that C may submit a claim under this section, and
b
may allow C to submit an informal claim in writing.
5
If C has produced a statement of claim in accordance with subsection (2), C may at any time before the statutory meeting produce, in place of that statement of claim, another statement of claim specifying a different amount for C's claim.
6
C may, in such circumstances as may be prescribed, state the amount of C's claim in foreign currency.
7
The trustee must, on production of any document to the trustee under this section—
a
initial the document,
b
keep a record of it, stating the date on which it was produced to the trustee, and
c
if requested by the person producing it, return it (if it is not a statement of claim) to that person.
8
The submission of a claim under this section bars the effect of any enactment or rule of law relating to the limitation of actions.
9
Schedule 2 has effect for determining the amount in respect of which C is entitled to claim.