Bankruptcy Legislation Amendment Act 2004 (80 of 2004)
Schedule 1 Amendments relating to statements of affairs and Part X agreements
Part 1 Amendment of the Bankruptcy Act 1966
Division 2 Amendments relating to Part X agreements
126 At the end of section 215A
Add:
(3) Before a resolution is passed at a meeting of creditors that nominates one or more persons under subsection 204(3) to be a trustee or trustees:
(a) the person or each of those persons must make a written declaration stating whether the debtor is a related entity of:
(i) the person concerned; or
(ii) a related entity of the person concerned; and
(b) the person or each of those persons must:
(i) give his or her declaration to the controlling trustee; and
(ii) keep a copy of his or her declaration; and
(c) the controlling trustee must table at the meeting a copy of each declaration given to the controlling trustee; and
(d) the controlling trustee must give a copy of each such declaration to each of the creditors at the same time as the controlling trustee gives a copy of the subsection 189A(1) report to each creditor.
(4) Before a resolution is passed at a meeting of creditors that appoints a person under subsection 220(1) to a vacant office of trustee of a personal insolvency agreement:
(a) the person must make a written declaration stating whether the debtor is a related entity of:
(i) the person; or
(ii) a related entity of the person; and
(b) the person must:
(i) give his or her declaration to the person presiding at the meeting; and
(ii) keep a copy of his or her declaration; and
(c) the person presiding at the meeting must table at the meeting a copy of the declaration.
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