Regulation 5

In the case of a proposed virtual meeting, or a meeting held at a specified place but with one or more creditors, contributories or members attending remotely, the chairperson of the meeting must, immediately after becoming aware of the failure of the electronic means that is or is to be used to enable the remote attendance of one or more creditors, contributories or members, ascertain —

The chairperson of the meeting mentioned in paragraph (1) must ensure that the meeting is held in a manner that meets the legitimate interests of the members or contributories of the company, creditors and others attending the meeting, including the legitimate interests of any creditor, contributory or member who is unable to attend that meeting in accordance with section 445(3) of the Act.

The chairperson must adjourn the meeting mentioned in paragraph (1) if, having ascertained under paragraph (1)(b) that the inability of one or more creditors, contributories or members to remotely attend the meeting may have a material impact on the result of voting on a resolution at the meeting, the chairperson considers that the legitimate interests of the creditors, contributories or members (as the case may be) cannot be met due to the failure of the electronic means.

Any creditor, contributory or member who is aggrieved by his or her inability to remotely attend the meeting mentioned in paragraph (1) as a result of the failure of the electronic means, may apply to the Court for a declaration that the voting on any resolution conducted at the meeting is void, and for an order that another meeting be held to consider the resolution concerned.

The Court hearing an application mentioned in paragraph (4) may —