Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)

A meeting of creditors, or commissioners, may be called at any time by the trustee.

The trustee must call a meeting of creditors within 28 days under Schedule 6, Part 1 of the Act if they receive:

• an order of a sheriff
• a request of one tenth in number or one third in value of the creditors
• a request by a commissioner
• a request from the Accountant

The trustee must call a meeting of commissioners within 14 days under Schedule 6, Part 3 of the Act if they receive:

• an order of a sheriff
• a request by a commissioner
• a request from the Accountant

18.5.1 Meeting of creditors

The trustee must arrange for the meeting to be held at a location, or by electronic means, whichever is most convenient for the majority of creditors.

No less than seven days before the date of the meeting every known creditor should be notified of:

• the date
• time
• place
• purpose of the meeting

A copy of the letter should be uploaded to BASYS. 

If the trustee fails to call a meeting of creditors when properly required to do so the Accountant may call the meeting.

18.5.2 Procedure at a meeting of creditors

The general requirements regarding the conduct of these meetings are:

• a quorum at any meeting is one creditor
• the trustee must arrange for a record of the proceedings to be kept
• the trustee takes the chair at the start of the meeting
• the trustee will invite the election by the creditors of one of their number as chairperson. If no chairperson is elected by the creditors the trustee remains in the chair throughout the meeting
• if a vote is necessary the chairperson should invite creditors to proceed to a vote. The matter is to be decided by a simple majority in value of the creditors, or mandatories, present

18.5.3 Procedure following a meeting of creditors

Within 14 days of any meeting the trustee must upload to BASYS a copy of the minutes of the meeting of creditors (signed by the person who chaired the meeting) to be placed in the electronic Sederunt Book and a copy of the list of attendees.

18.5.4 Resolution at a meeting of creditors - appeal

A resolution made by the creditors at a meeting can be appealed by the trustee a creditor or any other person having an interest to the sheriff within 14 days of the date of the meeting.

Any documentation relating to an appeal should be uploaded to BASYS to be included in the electronic Sederunt Book. 

18.5.5 Meetings with the commissioner

The commissioner(s) must be given at least seven days' notice of the meeting unless the commissioner(s) decides it is not required.

If the trustee fails to call a meeting with the commissioner(s) when properly required to do so a commissioner may call the meeting.

18.5.6 Procedure at the meeting with the commissioner

The general requirements regarding the conduct of these meetings are:

• a quorum at any meeting is one commissioner
• the trustee must make a record of the proceedings
• if the commissioner(s) are considering the conduct or performance of the trustee they will withdraw from the meeting as requested
• if the trustee withdraws the commissioner(s) are responsible for making a record of the proceedings and providing a copy to the trustee
• any matter will be decided by a simple majority in value of the commissioner(s)
• any matter may be agreed without a meeting if the commissioner(s) come to a unanimous agreement and a minute to that effect is signed

18.5.7 Procedure following the meeting with the commissioners

A copy of the following should be provided to AiB for insertion in the electronic Sederunt Book:

• a record of the meeting taken by the trustee or commissioner(s)
• a copy of the signed minute to any matter agreed when a meeting did not take place