Section Sch5-7 — Companies Act 1993: Postal votes

7 Postal votes (1) A creditor entitled to vote at a meeting of creditors held in accordance with clause 1(a) or (b) or (c) of this Schedule 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,— (a) The creditor's postal vote is invalid in respect of that different resolution; but (b) The creditor may vote, in respect of that different resolution, either by being present in person or by proxy. (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) of this Schedule, 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— (a) To collect together all postal votes received by him or her; and (b) In relation to each resolution to be voted on,— (i) To count the number of creditors or creditors belonging to a class of creditors, as the case may be, voting in favour of the resolution and determine the total amount of the debts owed by the company to those creditors; and (ii) To count the number of creditors or creditors belonging to a class of creditors, as the case may be, voting against the resolution and determine the total amount of the debts owed by the company to those creditors; and (c) To sign a certificate— (i) That he or she has carried out the duties set out in paragraphs (a) and (b) of this subclause; and (ii) Stating the results of the counts and determinations required by paragraph (b) of this subclause; and (d) To ensure that the certificate required by paragraph (c) of this subclause is presented to the person chairing or convening the meeting. (6) If a vote is taken at a meeting held under clause 1(a) or (b) of this Schedule 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) of this clause in relation to the postal votes cast in respect of a meeting of creditors must be annexed to the minutes of the meeting. Subclause 7(1A) was inserted, as from 3 June 1998, by section 21(3) Companies Amendment Act 1998 (1998 No 31). Subclause (4) was amended, as from 30 June 1997, by section 23(3) Companies Act 1993 Amendment Act 1997 (1997 No 27) by substituting the words “ not less than 2 working days ” for the words “ not later than 24 hours ” .