Rule 6.151 Formalities of establishmentI1

[FORM 6.52] The creditors' committee does not come into being, and accordingly cannot act, until the trustee has issued a certificate of its due constitution.

If the chairman of the creditors' meeting which resolves to establish the committee is not the trustee, he shall forthwith give notice of the resolution to the trustee (or, as the case may be, the person appointed as trustee by that same meeting), and inform him of the names and addresses of the persons elected to be members of the committee.

No person may act as a member of the committee unless and until he has agreed to do so and, unless the relevant proxy contains a statement to the contrary, such agreement may be given by his proxy-holder present at the meeting establishing the committee.

The trustee’s certificate of the committee’s due constitution shall not issue before at least 3 persons elected to be members of the committee have agreed to act.

[FORM 6.52] As and when the others (if any) agree to act, the trustee shall issue an amended certificate.

The certificate, and any amended certificate, shall be filed in court by the trustee.

[FORM 6.53] If after the first establishment of the committee there is any change in its membership, the trustee shall report the change to the court.