Insolvency Practice Rules (Bankruptcy) 2016
80‑10 Resignation, removal and vacancies80‑10 Resignation, removal and vacancies
Start here
Get a plain-English read of 80‑10 Resignation, removal and vacancies
Turn the raw legal text into a practical explanation grounded in Insolvency Practice Rules (Bankruptcy) 2016.
80‑10 Resignation, removal and vacancies
(1) This section is made for the purposes of subsection 80‑30(2) of the Insolvency Practice Schedule (Bankruptcy). (2) A member of a committee of inspection may resign by notice in writing signed by the member and delivered to the trustee of the regulated debtor’s estate. (3) The office of a member of a committee of inspection becomes vacant if the member: (a) becomes an insolvent under administration; or (b) is absent from 5 consecutive meetings of the committee without the leave of those members who together with himself or herself represent the creditors. (4) A member of the committee of inspection may be removed by a resolution at a meeting of creditors of which 5 business days’ notice has been given stating the object of the meeting. (5) If: (a) there is a vacancy in the membership of a committee of inspection; and (b) there are at least 2 remaining members of the committee; the remaining members may continue to act despite the vacancy and may appoint a person to fill the vacancy. (6) If: (a) there is a vacancy in the membership of a committee of inspection; and (b) there are less than 2 remaining members of the committee; one or more creditors may request the trustee to convene a meeting of creditors to fill the vacancy and the trustee must convene a meeting accordingly.