Cap. 6:07
INSOLVENCY
No. 7/2018
(a)
review the corporate rescue practitioner's determination that the person
is, or is not, an independent creditor; or
(b)
review, re-appraise and re-value that person's voting interest, as determined
in terms of subsection (5)(b).
139 Participation by holders of company's securities
During a company's corporate rescue proceedings, each holder of any issued
security of the company is entitled to(a)
notice of each Court proceeding, decision, meeting or other relevant event
concerning the corporate rescue proceedings: and
(b)
participate in any Court proceedings arising during the corporate rescue
proceedings; and
(c)
formally participate in a company's corporate rescue proceedings to the
extent provided for in this Part; and
(d)
vote to apprm·e or reject a proposed corporate rescue plan in the manner
contemplated in section 144, if the plan would alter the rights associated
with the class of securities held by that person; and
(c)
if the corporate rescue plan is rejected, to(i)
propose the development of an alternative plan, in the manner
contemplated in section 145; or
(ii) present an offer to acquire the interests of any or all of the creditors or
other holders of the company's securities in the manner contemplated
in section 145.
140 First meeting of creditors
(l) Within 15 business days after being appointed, the Master must convene,
and preside over, a first meeting of creditors, at which-
(a)
the Master(i) must inform the creditors whether he believes that there is a
reasonable prospect of rescuing the company; and
(ii) may receive proof of claims by creditors:
(b)
and
the creditors may determine whether or not a committee of creditors should
be appointed and, if so, may appoint the members of the committee.
(2) The Master must give notice of the first meeting of creditors to every creditor
of the company whose name and address is known to, or can reasonably be obtained
by, the Master, setting out the(a)
date, time and place of the meeting; and
(b)
agenda for the meeting.
(3) At any meeting of creditors, other than the meeting contemplated in section
141, a decision supported by the holders of a simple majority of the independent
creditors' voting interests voted on a matter, is the decision of the meeting on that
matter.
141 Functions, duties and membership of committees of affected persons
( l) A committee of creditors, appointed in terms of section 140(a)
may consult with the corporate rescue practitioner about any matter
relating to the corporate rescue proceedings, but may not direct or instruct
the practitioner; and
301
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