Bankruptcy (Scotland) Act 2016

PART 2 All meetings of creditors

Validity of proceedings

12 No proceedings at a meeting are invalidated by reason only that a notice or other document relating to the calling of the meeting, being a notice required to be sent or given under a provision of this Act, has not been received by, or come to the attention of, any creditor before the meeting.

Locus of meeting

13 Every meeting must be held in such place (whether or not in the sheriffdom) as is, in the opinion of the person calling the meeting, the most convenient for the majority of the creditors.

Mandatories

14 A creditor may authorise in writing a person to represent the creditor at a meeting.

15 A creditor must lodge with the trustee, before the commencement of the meeting, any authorisation given under paragraph 14.

16 Any reference in paragraph 8, or in the following provisions of this Part, to a creditor includes a reference to a person authorised under paragraph 14 by a creditor.

Quorum

17 The quorum at any meeting is one creditor.

Voting at meeting

18 Any question at a meeting is to be determined by a majority in value of the creditors who vote on that question.

Objections by creditors

19 At any meeting the person chairing it may allow or disallow any objection by a creditor, other than (if the person chairing the meeting is not the trustee) an objection relating to a creditor’s claim.

20 A person aggrieved by the determination of the person chairing the meeting in respect of an objection may appeal to the sheriff against the determination.

21 If the person chairing the meeting is in doubt as to whether to allow or disallow an objection, the meeting must proceed as if no objection had been made, except that for the purposes of appeal the objection is to be deemed to have been disallowed.

Adjournment of meeting

22 If no creditor has appeared at a meeting by half an hour after the time appointed for its commencement, the person chairing the meeting may adjourn it to such other day as that person may appoint, being a day no fewer than 7, nor more than 21, days after that on which the meeting is adjourned.

23 The person chairing the meeting may, with the consent of a majority in value of the creditors who vote on a resolution to adjourn a meeting, adjourn the meeting.

24 Any adjourned meeting must be held at the same time and place as the original meeting, unless in the resolution another time or place is specified.

Minutes of meeting

25 The minutes of every meeting must be signed by the person who chaired the meeting and within 14 days after the meeting must be sent to AiB.