Article 24 Entitlement to voteI1
England and Wales
Subject as follows, at a meeting of creditors in energy administration proceedings a person is entitled to vote only if—
he has given to the energy administrator, not later than 12.00 hours on the business day before the day fixed for the meeting, details in writing of the debt which he claims to be due to him from the protected energy company;
the claim has been duly admitted under the following provisions of this Rule; and
there has been lodged with the energy administrator any proxy which he intends to be used on his behalf,
and details of the debt must include any calculation for the purposes of Rules 26 to 28.
The chairman of the meeting may allow a creditor to vote, notwithstanding that he has failed to comply with paragraph (1)(a), if satisfied that the failure was due to circumstances beyond the creditor’s control.
The chairman of the meeting may call for any document or other evidence to be produced to him, where he thinks it necessary for the purpose of substantiating the whole or any part of the claim.
Votes are calculated according to the amount of a creditor’s claim as at the date on which the protected energy company entered energy administration, less any payments that have been made to him after that date in respect of his claim and any adjustment by way of set-off in accordance with Rule 53 as if that Rule were applied on the date that the votes are counted.
A creditor shall not vote in respect of a debt for an unliquidated amount, or any debt whose value is not ascertained, except where the chairman agrees to put upon the debt an estimated minimum value for the purpose of entitlement to vote and admits the claim for that purpose.
No vote shall be cast by virtue of a claim more than once on any resolution put to the meeting.
Annotations
Commencement
- I1
Rule 24 in force at 1.10.2005, see rule 1