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Bankruptcy and Insolvency Act

Version of section 105 from 2002-12-31 to 2009-09-17:

Marginal note:Chairman of first meeting

  •  (1) The official receiver or his nominee shall be the chairman at the first meeting of creditors and shall decide any questions or disputes arising at the meeting and from any such decision any creditor may appeal to the court.

  • Marginal note:Chairman of subsequent meetings

    (2) At all meetings of creditors other than the first, the trustee shall be the chairman unless by resolution at the meeting some other person is appointed.

  • Marginal note:Casting vote

    (3) The chairman of any meeting of creditors shall, in the case of a tie, have a second or casting vote.

  • Marginal note:Minutes of meeting

    (4) The chairman of any meeting of creditors shall cause minutes of the proceedings at the meeting to be drawn up and entered in a book kept for that purpose, and the minutes shall be signed by him or by the chairman of the next ensuing meeting.

  • Marginal note:Non-receipt of notice by creditor

    (5) Where a meeting of creditors is called, the proceedings had and resolutions passed at the meeting, unless the court otherwise orders, are valid, notwithstanding that some creditors had not received notice.

  • R.S., c. B-3, s. 83

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