Singapore legislation
Section 185
Section 185
Summoning, proof of notice, and quorum of meetings
(1)
Unless provided otherwise under this Act, the liquidator or other person summoning a meeting of creditors, meeting of contributories, or meeting of creditors and contributories, under this Division must —
summon such meeting by causing notice of the time and place of the meeting to be advertised, at least 7 days before the date of the meeting, in the Gazette and at least one English local daily newspaper; and
not less than 7 days before the day appointed for the meeting, send, to every person appearing by the company’s books to be a creditor of the company, notice of the meeting of creditors or meeting of creditors and contributories, and, to every person appearing by the company’s books or otherwise to be a contributory of the company, notice of the meeting of contributories or meeting of creditors and contributories.
(2)
The notice to each creditor must be sent to the address given in the creditor’s proof or, if the creditor has not proved, to the address given in the statement of affairs of the company, or to such other address as may be known to the person summoning the meeting.
(3)
The notice to each contributory must be sent to the address mentioned in the company’s books as the address of such contributory, or to such other address as may be known to the person summoning the meeting.
(4)
This section does not apply to meetings under section 165, 166 or 180.
(5)
An affidavit in the prescribed form by the liquidator or the liquidator’s solicitor or the clerk of either of such persons, that the notice of any meeting has been duly posted, is sufficient evidence of such notice having been duly sent to the person to whom the notice was addressed.
(6)
A meeting must not act for any purpose except the election of a chairperson, the proving of debts and the adjournment of the meeting unless there are present or represented at the meeting —
in the case of a meeting of creditors, at least 3 creditors entitled to vote;
in the case of a meeting of contributories, at least 3 contributories; or
all the creditors entitled to vote or all the contributories, if the number of the creditors entitled to vote or the number of contributories (as the case may be) does not exceed 3.
(7)
If within half an hour after the time appointed for the meeting a quorum of creditors or contributories is not present or represented, the meeting must be adjourned to the same day in the following week at the same time and place, or to such other day as the chairperson may appoint, being not earlier than the 8th day, and not later than the 21st day, after the day on which the meeting was adjourned.
(8)
If within half an hour after the time appointed for the adjourned meeting a quorum of creditors or contributories is not present or represented, the adjourned meeting must not be further adjourned.
(9)
The list of creditors assembled to be used at every meeting must be in the prescribed form.