Commentary

48 Appeal on chairman’s decision as to creditor’s voting rights

BANKRUPTCY AND INSOLVENCY (CORPORATE INSOLVENCY) vol 3(3)

48 Appeal on chairman’s decision as to creditor’s voting rights

48 Appeal on chairman’s decision as to creditor’s voting rights

The chairman’s decision on a creditor’s entitlement to vote is subject to appeal to the court by any creditor or member of the company1. An application to court by way of appeal shall not be made after the end of a 21-day period, beginning with the decision date2. The convenor or chair chairman is not personally liable for any costs incurred by any person in respect of such an appeal unless there are exceptional circumstances3.

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