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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 6 : Business Rescue and Compromise with Creditors

Part C : Rights of affected persons during business rescue proceedings

147. First meeting of creditors


(1) Within 10 business days after being appointed, the practitioner must convene, and preside over, a first meeting of creditors, at which—
(a) the practitioner—
(i) must inform the creditors whether the practitioner believes that there is a reasonable prospect of rescuing the company; and
(ii) may receive proof of claims by creditors; and
(b) the creditors may determine whether or not a committee of creditors should be appointed and, if so, may appoint the members of the committee.


(2) The practitioner must give notice of the first meeting of creditors to every creditor of the company whose name and address is known to, or can reasonably be obtained by, the practitioner, setting out the—
(a) date, time and place of the meeting; and
(b) agenda for the meeting.


(3) At any meeting of creditors, other than the meeting contemplated in section 151, a decision supported by the holders of a simple majority of the independent creditors’ voting interests voted on a matter, is the decision of the meeting on that matter.