Bankruptcy Regulations 2021
PART 10
-
PERSONAL INSOLVENCY AGREEMENTS
SECTION 61
DOCUMENTS UNDER SECTION 188 OF THE ACT
Scope
61(1)
This section applies if: (a) a debtor, under section 188 of the Act, signs an authority that names and authorises a person; and (b) the person is a registered trustee or a solicitor; and (c) the person consents to exercise the powers given by the authority.
Consent of registered trustee or solicitor
61(2)
The person must: (a) sign a consent in accordance with the approved form; and (b) within 2 business days after signing the consent, give a copy of the signed consent to the Official Receiver.
Proposal for dealing with debtor ' s affairs
61(3)
The person must, at the same time as calling a meeting of the debtor ' s creditors, give a copy of the proposal for dealing with the debtor ' s affairs under Part X of the Act to: (a) the Official Receiver; and (b) each creditor of the debtor of whom the person is aware.(a) a statement of the debtor
'
s affairs; and
(b) a proposal for dealing with those affairs under Part
X
of the Act (see subsection
188(2C)
of the Act).
Scope
61(1)
This section applies if: (a) a debtor, under section 188 of the Act, signs an authority that names and authorises a person; and (b) the person is a registered trustee or a solicitor; and (c) the person consents to exercise the powers given by the authority.
Consent of registered trustee or solicitor
61(2)
The person must: (a) sign a consent in accordance with the approved form; and (b) within 2 business days after signing the consent, give a copy of the signed consent to the Official Receiver.
Proposal for dealing with debtor ' s affairs
61(3)
The person must, at the same time as calling a meeting of the debtor ' s creditors, give a copy of the proposal for dealing with the debtor ' s affairs under Part X of the Act to: (a) the Official Receiver; and (b) each creditor of the debtor of whom the person is aware.
Note 1:
An authority signed by a debtor under section 188 of the Act is not effective for the purposes of Part X of the Act unless, before the person authorised consents to exercise the powers given by the authority, the debtor gives to the person authorised:
Note 2:
Under subsection 188(5) of the Act, a registered trustee or solicitor who consents to exercise the powers given by an authority must also give a copy of the authority and the debtor ' s statement of affairs to the Official Receiver.
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