S 64N repealed by No 11 of 2016, s 3 and Sch 1 item 24, applicable in relation to the administration of regulated debtors
'
estates on and after 1 September 2017. S 64N formerly read:
SECTION 64N QUORUM
64N(1)
The trustee must then determine whether a quorum is present.
64N(2)
A quorum is constituted by:
(a)
the presence in person of the trustee (or the trustee
'
s representative); and
(b)
a creditor, or a proxy or attorney of a creditor, participating in person or by telephone.
Note:
A meeting requires at least 2 persons. Therefore the person covered by paragraph (2)(a) cannot also be the proxy or attorney of the creditor covered by paragraph (2)(b).
History
S 64N(2) substituted by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 48 and 209, applicable to meetings of which notice is given after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A. S 64N(2) formerly read:
64N(2)
A quorum is constituted:
(a)
if there is only one creditor who is entitled to vote:
(i)
by that creditor, or a proxy or attorney of that creditor, participating in person or by telephone; and
(ii)
by the presence in person of the trustee; or
(b)
otherwise
-
by 2 persons participating in person or by telephone each of whom is either a creditor who is entitled to vote or the proxy or attorney of such a creditor.
64N(3)
If a quorum is not present within 30 minutes after the time fixed for the meeting, the meeting is adjourned to a time, date and place fixed by the trustee.
64N(4)
The date of the adjourned meeting must be not earlier than 7 days nor later than 14 days from the date of the original meeting.
64N(5)
The time and place of the adjourned meeting need not be the same as the time and place of the original meeting.
64N(6)
The following provisions of this Division apply to any meeting at which a quorum is present within 30 minutes after the time fixed for that meeting.
64N(7)
To remove any doubt, but without limiting by implication the application of subsection
63B(2)
to other references in this Division to the trustee, the reference in subparagraph (2)(a)(ii) of this section to the presence in person of the trustee includes a reference to the presence in person of a person appointed under subsection
63B(1)
to represent the trustee.
S 64N inserted by No 9 of 1992, s 12
View history note
Hide history note