BANKRUPTCY ACT 1966

PART X - PERSONAL INSOLVENCY AGREEMENTS  

Division 3 - General provisions  

SECTION 215A   NOMINATION OR APPOINTMENT OF TRUSTEE OF PERSONAL INSOLVENCY AGREEMENT  

215A(1)   [Written consent needed]  

A resolution that is passed at a meeting of creditors and purports to:


(a) nominate one or more persons under subsection 204(3) to be a trustee or trustees; or


(b) appoint a person under subsection 220(1) to a vacant office of trustee of a personal insolvency agreement;

is void unless the person or each of the persons gave written consent before the meeting to act as a trustee of the agreement.

215A(1A)   [Copy of consent]  

As soon as possible after the resolution is passed, each person (except the Official Trustee) nominated or appointed by the resolution must give to the Official Receiver a copy of the consent that relates to that person.

215A(2)   [Court powers to declare resolution not void]  

Where, if this subsection had not been enacted, a resolution purporting to nominate a person or persons, or to appoint a person, would, because of a particular matter, be void by virtue of subsection (1), the Court may, on the application of the person, or of any of the persons, as the case may be, or of any other interested person, by order declare the resolution not to be void merely because of that matter.

215A(3)   [Declarations of relationships]  

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.

215A(4)   [Declaration of appointee ' s relationships]  

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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