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Bankruptcy and Insolvency Act

Version of section 105 from 2009-09-18 to 2024-04-01:

Marginal note:Chair of first meeting

  •  (1) The official receiver or his nominee shall be the chair 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:Chair of subsequent meetings

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

  • Marginal note:Casting vote

    (3) The chair 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 chair of any meeting of creditors shall, within a reasonable time after each meeting, cause minutes of the proceedings at the meeting to be prepared. The minutes shall be signed by the chair or by the chair of the next meeting and shall be retained as part of the books, records and documents referred to in section 26 relating to the administration of the estate.

  • 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., 1985, c. B-3, s. 105
  • 2005, c. 47, ss. 79, 123(E)

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