No. 7/2018
INSOLVENCY
(c)
Cap.6:07
if the debtor did not have his ordinary residence or registered office within
Zimbabwe, or it is unclear where the ordinary residence or registered office
was, within the magisterial district of the Court that issued the liquidation
order.
(2) The Master or an officer of his or her office appointed by the Master must,
subject to subsection (4), preside at a meeting of creditors convened within a magisterial
district in which the Master has an office.
(3) If a meeting of creditors is to take place in a magisterial district where the
Master has no office, the magistrate of the district in question or a person appointed
by the magistrate must, subject to subsection (4), preside at the meeting.
(4) A liquidator may convene any meeting to be held before him or her at any
place within the magisterial district contemplated in subsection (2), but no examination
may take place at such a meeting and if an examination must be held or if any person
who avers that he or she is a creditor of the insolvent estate demands, before or during the
meeting, that the meeting must be held or continued before the Master or a magistrate,
the meeting must be continued before the Master or the magistrate contemplated in
subsection (l).
(5) In the circumstances contemplated in subsection (4) the liquidator must
announce at the meeting when and where the meeting will be continued or must convene
the meeting to be held before the Master or the magistrate.
(6) The presiding officer at a meeting of creditors must keep a record of the
proceedings, which he or she must certify at the conclusion of the meeting and, if he or
she is not the Master, he or she must send the record to the Master by standard notice.
(7) A meeting of creditors may, if necessary, be adjourned from time to time.
(8) A meeting may after an adjournment be presided over by a different presiding
officer, and a meeting before the Master may be adjourned to take place before a
magistrate.
(9) With the consent of the Master(a)
a meeting may be convened in a magisterial district other than the district
contemplated in subsection ( 1); and
(b)
a meeting may after an adjournment take place at a different place,
including a place in another magisterial district.
(10) The place where a meeting of creditors is held must, subject to section
57(4), be accessible to the public.
( 11) The publication of any statement made by any person or any evidence
given at a meeting of creditors is privileged to the same extent as the publication of
evidence given in a Court of law.
(12) A meeting of creditors, if duly convened, is for the purposes of this Act
deemed to be a meeting of creditors even though no creditor or only one creditor or
his or her representative attended the meeting personally.
54
Voting at meeting of creditors
(1) Every creditor of an insolvent estate who has proved a claim against the
estate is, subject to subsection (3 ), entitled to vote at a meeting of creditors of the estate.
(2) A creditor may vote on all matters relating to the administration of the estate,
but may not vote on matters relating to the distribution of the assets of the estate or the
payment of costs of liquidation.
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