416Registrar to be given notice and opportunity to make submissions

416 Registrar to be given notice and opportunity to make submissions

(1) The Supreme Court may make an order under this Division if the court is satisfied:

(a) at least 14 days notice of the hearing of the application for the order, or a shorter period of notice the court or the Registrar permits, has been given to the Registrar; and

(b) the Registrar has had a reasonable opportunity to examine the terms of, and make submissions to the court in relation to, the proposed compromise or arrangement concerned and a draft explanatory statement relating to it.

(2) In this section:

draft explanatory statement means a statement:

(a) explaining the effect of the proposed compromise or arrangement and, in particular, stating:

(i) material interests of the directors of the co-operative, whether as directors, as members or creditors of the co-operative or otherwise; and

(ii) the effect on the interests of the proposed compromise or arrangement in so far as the effect is different from the effect on the like interests of other persons; and

(b) setting out information prescribed by the National Regulations; and

(c) setting out other information that:

(i) is material to the making of a decision by a creditor or member of the co-operative whether or not to agree to the proposed compromise or arrangement; and

(ii) is within the knowledge of the directors of the co-operative; and

(iii) has not previously been disclosed to the creditors or members of the co-operative.

417 Results of 2 or more meetings

If the Supreme Court orders 2 or more meetings of creditors to be held in relation to a proposed compromise or arrangement:

(a) the meetings are taken to form a single meeting; and

(b) the votes in favour of the proposed compromise or arrangement cast at each of the meetings are to be totalled; and

(c) the votes against the proposed compromise or arrangement cast at each of the meetings are to be totalled.