Commonwealth Consolidated Regulations

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INSOLVENCY PRACTICE RULES (BANKRUPTCY) 2016 - RULE 75.110

Voting on resolutions

  (1)   A resolution put to the vote at a meeting is to be decided:

  (a)   if a poll is requested by the trustee or a person participating and entitled to vote at the meeting--by a poll; or

  (b)   otherwise--on the voices.

  (2)   Unless a poll is requested, the trustee must declare that a resolution has been:

  (a)   passed; or

  (b)   passed unanimously; or

  (c)   passed by a particular majority; or

  (d)   lost;

on the voices.

  (3)   If a poll is requested:

  (a)   the poll must be taken immediately; and

  (b)   the trustee may determine the manner in which the poll is to be taken.

  (4)   For the purposes of determining whether a resolution put to the meeting is passed, the value of a creditor who:

  (aa)   is a related entity of the regulated debtor; and

  (a)   has been assigned a debt;

is to be worked out by taking the value of the assigned debt to be equal to the value of the consideration that the creditor gave for the assignment of the debt.



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