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The shareholders nominee as liquidator
is replaced by the creditors nomination should the creditors
propose the appointment of a different person.
In the creditors meeting the liquidator
is appointed following a vote.
Any creditor whose interest is
"secured" is unable to vote. Examples of secured
creditors can include:
- Banks
- Hire Purchase Creditors
- Factoring Companies
If such "secured" creditors
are not, however, fully secured they can vote for the balance
owing to them that is unsecured.
The majority in value of creditors
voting for a particular Insolvency Practitioner appoints the
liquidator.
This shows the power that is held
by creditors who are owed large sums of money.
Votes can be cast by creditors
by post (using a proxy form) or in person, by attending at
the creditors meeting.
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