Insolvency Practice Rules (Bankruptcy) 2016
75‑27 Additional rules for meetings unde75‑27 Additional rules for meetings under section 188 of Act
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75‑27 Additional rules for meetings under section 188 of Act
(1) The meeting that is to be called under an authority under section 188 of the Act must be held not more than 30 business days after the relevant consent or approval was given. (2) The trustee of the regulated debtor’s estate must, when giving notice of the meeting to creditors, give the following to the creditors: (a) subject to subsection (2A)—a copy of the regulated debtor’s statement of affairs; (b) a copy of the report and the declaration made by the trustee under section 189A of the Act; (c) a copy of the statement prepared by the trustee under section 189B of the Act. (2A) If the approved form for a statement of affairs indicates that particular information in the statement will not be made available to the public, then, for the purposes of paragraph (2)(a), the trustee must not give that information to the creditors. (2AA) At the time the trustee gives notice of the meeting to creditors, the trustee must also give the following to the regulated debtor: (a) a copy of the notice given to creditors; (b) a copy of the documents given to creditors under subsection (2). (2B) The regulated debtor must, unless prevented by illness or other sufficient cause, attend the meeting. However, a failure of the debtor to attend the meeting does not affect the validity of any resolution passed at the meeting. (3) For the purposes of subsection (1), the relevant consent or approval is: (a) if the person authorised is a registered trustee or solicitor—the consent of the person to exercise the powers given by the authority; or (b) if the person authorised is the Official Trustee—the approval given by the Official Receiver to name the Official Trustee in the authority.