- (1)
- A person is not entitled to vote as a creditor at a meeting of creditors
unless:
- (a)
- his or her debt or claim has been admitted wholly or in part by
the liquidator or administrator of a company under administration or of a deed
of company arrangement; or
- (b)
- he or she has lodged, with the chairperson of the meeting or with the
person named in the notice convening the meeting as the person who may receive
particulars of the debt or claim:
- (i)
- those particulars; or
- (ii)
- if required a formal proof of the debt or claim.
- (2)
- A creditor must not vote in respect of:
- (a)
- an unliquidated debt; or
- (b)
- a contingent debt; or
- (c)
- an unliquidated or a contingent claim; or
- (d)
- a debt the value of which is not established;
unless a just estimate of its value has been made.
- (3)
- A creditor must not
vote in respect of:
- (a)
- a debt or a claim on or secured by:
- (i)
- a bill of exchange; or
- (ii)
- a promissory note; or
- (iii)
- any other negotiable instrument or security;
held by the creditor unless he or she is willing:
- (b)
- to treat the liability
to him or her on the instrument or security of a prescribed person as a
security in his or her hands; or
- (c)
- to estimate its value; and
- (d)
- for the purposes of voting (but not for the purposes of dividend), to
deduct it from his or her debt or claim.
- (4)
- For paragraph 5.6.23 (3) (b), a prescribed person is a person whose
liability is mentioned in paragraph 5.6.23 (3) (a) who:
- (a)
- is liable to
the company directly; or
- (b)
- may be liable to the company on the default of another person with respect
to the liability;
at the time of voting, but who is not:
- (c)
- an insolvent under
administration; or
- (d)
- a person against whom a winding up order is in force.