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Rule 6.156 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 creditors' 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 F1specially) and signed by or on behalf of the committee-member, and for this purpose any proxy in relation to any meeting of creditors of the bankrupt shall, unless it contains a statement to the contrary, be treated as such 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 F3bankruptcy restrictions order, bankruptcy restrictions undertaking or an 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 the representative of a committee-member signs any document on the latter's behalf, the fact that he so signs must be stated below his signature.

F4(7)

The acts of the committee are valid notwithstanding any defect in the appointment or qualifications of any committee-member’s representative.

Annotations

Textual amendments

F1

Words in rule 6.156(2) substituted (11.1.1988 with application in accordance with rule 3(1)(2)) by virtue of The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 118(1)

F2

Words in rule 6.156(4) inserted (1.4.2004) by The Insolvency (Amendment) Rules 2004 (S.I. 2004/584), rules 1(2), 37

F3

Words in rule 6.156(4) substituted (1.4.2004) by The Insolvency (Amendment) Rules 2004 (S.I. 2004/584), rules 1(2), 37

F4

Rule 6.156(7) 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. 118(2)

Commencement

I1

Rule 6.156 in force at 29.12.1986, see rule 0.1