(1) A creditor entitled to vote at a meeting of creditors held in accordance with clause 1(a) or (b) or (c) may exercise the right to vote by casting a postal vote in relation to a matter to be decided at that meeting.
(1A) If a creditor votes by casting a postal vote in respect of a resolution that is to be submitted to the meeting and a different resolution is submitted to the meeting,—
(2) The notice of meeting must state the name of the person authorised to receive and count postal votes in relation to that meeting.
(3) If no person has been authorised to receive and count postal votes in relation to a meeting, or if no person is named as being so authorised in the notice of the meeting, every director, or if the company is in liquidation, the liquidator, is deemed to be so authorised.
(4) A creditor may cast a postal vote on all or any of the matters to be voted on at the meeting by sending a marked voting paper to a person authorised to receive and count postal votes in relation to that meeting, so as to reach that person not less than 2 working days before the start of the meeting or, if the meeting is held under clause 1(c), not later than the date named for the return of the voting paper.
(5) It is the duty of a person authorised to receive and count postal votes in relation to a meeting—
(6) If a vote is taken at a meeting held under clause 1(a) or (b) on a resolution on which postal votes have been cast, the person chairing the meeting must include the results of voting by all creditors who have sent in a voting paper duly marked as for or against the resolution.
(7) A certificate given under subclause (5) in relation to the postal votes cast in respect of a meeting of creditors must be annexed to the minutes of the meeting.
Schedule 5 clause 7(1A): inserted, on 3 June 1998, by section 21(3) of the Companies Amendment Act 1998 (1998 No 31).
Schedule 5 clause 7(4): amended, on 30 June 1997, by section 23(3) of the Companies Act 1993 Amendment Act 1997 (1997 No 27).