Article 8.3

The following decision procedures are prescribed for the purpose of section 246ZE M1 by which a convener may seek a decision under the Act or these Rules from creditors—

(a)

correspondence;

(b)

electronic voting;

(c)

virtual meeting;

(d)

physical meeting;

(e)

any other decision making procedure which enables all creditors who are entitled to participate in the making of the decision to participate equally.

Annotations

Marginal citations

M1: Section 246ZE(11) provides: “In this Group of Parts “qualifying decision procedure” means a procedure prescribed or authorised under paragraph 8A of schedule 8.” In terms of section 251 “prescribed” means prescribed by rules; “rules” means rules under section 411. Schedule 8 is introduced by section 411(2) which provides that without prejudice to the generality of in particular rule 411(1), rules may contain any such provision as is specified in schedule 8. Paragraph 8A(1)(a) of schedule 8 provides in particular that rules may contain provision about the making of decisions by creditors and contributories including provision prescribing particular procedures by which creditors and contributories make decisions.