Section 26: Meeting of creditors

26. Meeting of creditors (1) Subject to section 19 (4) and this section, the Official Receiver shall, after adjudication, call the first meeting of the bankrupt’s creditors. (2) The Official Receiver shall call the meeting as soon as practicable after adjudication and, unless there are special circumstances, not less than 5 weeks after adjudication, by sending a notice of the time and place of the meeting by ordinary post to— (a) the bankrupt, at the bankrupt’s last known address; (b) each creditor named in the bankrupt’s statement of affairs, at the address given in the statement of affairs or at any other address that the Official Receiver believes is the creditor’s address; and (c) any other creditor known to the Official Receiver. (3) The Official Receiver shall advertise the time and place of the meeting in such manner as may be prescribed. [Issue 3] I14 – 24 Revised Laws of Mauritius (4) The First Schedule shall so far as applicable apply to the calling, holding and effect of this meeting. (5) The Official Receiver need not call a first creditors’ meeting where he— (a) decides that the meeting should not be called; or (b) sends each creditor named in the bankrupt’s statement of affairs, and any other creditor known to the Official Receiver, a notice that complies with subsection (7); and (c) does not receive, within 10 working days after the Official Receiver’s notice was sent, written notice from a creditor requiring the Official Receiver to call the meeting. (6) In deciding whether the meeting should not be called, the Official Receiver shall consider— (a) the bankrupt’s assets and liabilities; (b) the likely result of the bankruptcy; and (c) any other relevant matter. (7) The Official Receiver’s notice to creditors under subsection (5) (b) shall— (a) state that the Official Receiver considers that the first creditors’ meeting should not be called; (b) give the reasons for not calling the meeting; and (c) state that the Official Receiver will not call the meeting unless a creditor gives the Official Receiver written notice, within 10 working days after the Official Receiver’s notice was sent, requiring the Official Receiver to call the meeting. (8) The Official Receiver may call subsequent meetings of creditors after the first meeting of creditors. (9) The Official Receiver shall call a subsequent meeting if required to do so by one-quarter in number and value of the creditors who have proved their debts. (10) The First Schedule, in so far as it is applicable, shall apply to the calling, holding and effect of subsequent meetings. (11) A creditors’ meeting and the resolutions passed at the meeting are valid even if some creditors did not receive the notice of the meeting, unless the Court orders otherwise.