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Rule 3.21 Committee-members' representativesI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

A member of the committee may, in relation to the business of the committee, be represented by another person duly authorised by him for that purpose.

(2)

A person acting as a committee-member's representative must hold a letter of authority entitling him so to act (either generally or specially) and signed by or on behalf of the committee-member F1, and for this purpose any proxy or any authorisation under section 375 of the Companies Act in relation to any meeting of creditors of the company shall, unless it contains a statement to the contrary, be treated as a letter of authority to act generally signed by or on behalf of the committee-member.

(3)

The chairman at any meeting of the committee may call on a person claiming to act as a committee-member's representative to produce his letter of authority, and may exclude him if it appears that his authority is deficient.

(4)

No member may be represented by a body corporate, or by a person who is an undischarged bankrupt, F2or a disqualified director, or is subject to a F3bankruptcy restrictions order, bankruptcy restrictions undertaking or interim bankruptcy restrictions order.

(5)

No person shall—

(a)

on the same committee, act at one and the same time as representative of more than one committee-member, or

(b)

act both as a member of the committee and as representative of another member.

(6)

Where a member's representative signs any document on the member's behalf, the fact that he so signs must be stated below his signature.

Annotations

Textual amendments

F1

Words in rule 3.21(2) added (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 28

F2

Words in rule 3.21(4) inserted (1.4.2004) by The Insolvency (Amendment) Rules 2004 (S.I. 2004/584), rule 1(2), 6

F3

Words in rule 3.21(4) substituted (1.4.2004) by The Insolvency (Amendment) Rules 2004 (S.I. 2004/584), rule 1(2), 6

Commencement

I1

Rule 3.21 in force at 29.12.1986, see rule 0.1