Rule 38 Entitlement to vote and draw dividend
A creditor who has had a claim accepted in whole or in part by the energy administrator or on appeal under Rule 39(5) shall be entitled—
in a case where the acceptance is under (or on appeal arising from) Rule 39(1), to vote on any matter at the meeting of creditors for the purpose of voting at which the claim is accepted; and
in a case where the acceptance is under (or on appeal arising from) Rule 39(2), to payment out of the assets of the energy supply company of a dividend in respect of the distribution for the purposes of which the claim is accepted; but such entitlement to payment shall arise only in so far as the energy supply company has funds available to make that payment, having regard to Rule 46, and payment would be consistent with the power and duties of the energy administrator.
Votes are calculated according to the amount of a creditor’s debt as at the date on which the energy supply company entered energy supply company administration, deducting any amount paid in respect of that debt after that date.
No vote shall be cast by virtue of a debt more than once on any resolution put to the meeting.
Any reference in this Part to the energy administrator includes, where applicable, a reference to the chair of the meeting.