Rule 17.9 Vacancies: contributory members of liquidation committee
This rule applies if there is a vacancy among the contributory members of a liquidation committee or where the number of contributory members of the committee is fewer than the maximum allowed under rule 17.3(3)(b) or 17.6(4) as the case may be.
A vacancy need not be filled if—
the liquidator and a majority of the remaining contributory members agree; and
in the case of a committee of contributories only, the number of members does not fall below three.
The liquidator may appoint a contributory 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 contributory members of the committee (provided there are at least two) agree to the appointment; and
the contributory agrees to act.
Alternatively, the office-holder may seek a decision from contributories to appoint a contributory (with that contributory's consent) to fill the vacancy.
Where the vacancy is filled by an appointment made by a decision of contributories which is not convened or chaired by the office-holder, the convener or chair must report the appointment to the office-holder.