Rule 17.8 Vacancies: creditor members of creditors' or liquidation committee
This rule applies if there is a vacancy among the creditor members of a creditors' or liquidation committee or where the number of creditor members of the committee is fewer than the maximum allowed.
A vacancy need not be filled if—
the office-holder and a majority of the remaining creditor members agree; and
the total number of creditor members does not fall below three.
The office-holder may appoint a creditor, who is qualified under rule 17.4 to be a member of the committee, to fill a vacancy or as an additional member of the committee, if—
a majority of the remaining creditor members of the committee (provided there are at least two) agree to the appointment; and
the creditor agrees to act.
Alternatively, the office-holder may seek a decision from creditors to appoint a creditor (with that creditor's consent) to fill the vacancy.
Where the vacancy is filled by an appointment made by a decision of creditors which is not convened or chaired by the office-holder, the convener or chair must report the appointment to the office-holder.