Documents under section 188 of the Act
61 Documents under section 188 of the Act
Scope
This section applies if:
a debtor, under section 188 of the Act, signs an authority that names and authorises a person; and
the person is a registered trustee or a solicitor; and
the person consents to exercise the powers given by the authority.
Consent of registered trustee or solicitor
The person must:
sign a consent in accordance with the approved form; and
within 2 business days after signing the consent, give a copy of the signed consent to the Official Receiver.
Proposal for dealing with debtor’s affairs
The person must, at the same time as calling a meeting of the debtor’s creditors, give a copy of the proposal for dealing with the debtor’s affairs under Part X of the Act to:
the Official Receiver; and
each creditor of the debtor of whom the person is aware.
An authority signed by a debtor under section 188 of the Act is not effective for the purposes of Part X of the Act unless, before the person authorised consents to exercise the powers given by the authority, the debtor gives to the person authorised:
a statement of the debtor’s affairs; and
a proposal for dealing with those affairs under Part X of the Act (see subsection 188(2C) of the Act).
Under subsection 188(5) of the Act, a registered trustee or solicitor who consents to exercise the powers given by an authority must also give a copy of the authority and the debtor’s statement of affairs to the Official Receiver.
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