19. Remote attendance at meetings of creditors' committees
Past version: effective from 14/06/2015 - 13/06/2015
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(1) This paragraph applies to a meeting of a creditors' committee held under these Regulations.
(2) Where the Office-holder considers it appropriate, the meeting may be conducted and held in such a way that persons who are not present together at the same place may attend it.
(3) A person attends such a meeting who is able to exercise that person's right to speak and vote at the meeting.
(4) A person is able to exercise the right to speak at a meeting when that person is in a position to communicate during the meeting to all those attending the meeting, any information or opinions which that person has on the business of the meeting.
(5) A person is able to exercise the right to vote at a meeting when —
(a) that person is able to vote during the meeting on resolutions or determinations put to the vote at that meeting; and
(b) that person's vote can be taken into account in determining whether or not such resolutions or determinations are passed at the same time as the votes of all the other persons attending the meeting.
(6) Where such a meeting is to be held, the Office-holder must make whatever arrangements the Office-holder considers appropriate to —
(a) enable those attending the meeting to exercise their rights to speak or vote; and
(b) ensure the identification of those attending the meeting and the security of any electronic means used to enable attendance.
(7) A requirement in this Schedule t o specify a place for the meeting may be satisfied by specifying the arrangements the Office-holder proposes to enable persons to exercise their rights to speak or vote where in the reasonable opinion of the Office-holder —
(a) a meeting will be attended by persons who will not be present together at the same place; and
(b) it is unnecessary or inexpedient to specify a place for the meeting.
(8) In making the arrangements referred to in sub-paragraph (6) and in forming the opinion referred to in sub-paragraph (7)(b), the Office-holder must have regard to the legitimate interests of the committee members or their representatives attending the meeting in the efficient despatch of the business of the meeting.
(9) Where the notice of a meeting does not specify a place for the meeting the Office-holder must specify a place for the meeting if at least one member of the creditors' committee requests the Office-holder to do so in accordance with paragraph 20 (Procedure for requests that a place for a meeting should be specified) of Part 4 (Meetings of committee) of this Schedule.