False claims about a creditor’s entitlement to vote
263C False claims about a creditor’s entitlement to vote
A creditor must not give to the trustee a voting document knowing or reckless that the document is false or misleading in a material particular.
Penalty: Imprisonment for 6 months.
In this section:
give includes cause to be given.
trustee means:
a trustee in a bankruptcy; or
a trustee of a composition or scheme of arrangement under Division 6 of Part IV; or
a controlling trustee as defined in Part X; or
a trustee of a personal insolvency agreement under Part X; or
a trustee of an estate being administered under Part XI.
voting document means:
a statement:
relating to the amount in respect of which the creditor claims that the bankrupt is indebted to the creditor, the value of the consideration that the creditor gave for any assignment of a debt the bankrupt owes to the creditor, or whether the creditor holds a security interest in respect of the debt; and
that is given to the trustee at or before a meeting called for the purposes of Part IV, X or XI or Schedule 2; or
a form:
relating to the appointment of a person to represent the creditor at a meeting as the creditor’s proxy; and
that is given to the trustee at or before a meeting called for the purposes of Part IV, X or XI or Schedule 2.
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