The competent court shall bring the matter to a vote after submission of the report of the trustee.
Mail ballots and proxy voting shall be admitted.
Creditors holding a special secured debt and who have not made the declaration provided for in
Article 120 above may take part in the vote without renouncing their security and granting
different extensions and reductions from those proposed by the debtor.
Unsecured and secured creditors who have not made the declaration provided for in Article 120 above shall be deemed to have accepted the composition where, having been duly summoned, they do not vote at the bankruptcy meeting.
The proposed judicial composition shall be voted by the majority in number of creditors definitively or provisionally admitted representing, at least, half of the total number of claims.
Where only one of these two conditions is met, the deliberations shall continue a week from the day of the meeting and without any other formality. In this case, the creditors present or duly represented who signed the minutes of the first meeting shall not be required to attend the second meeting; their resolutions and their adherence remain valid.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 81
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 125 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif/akn/ohada/act/loi/2015-09-10/aupcap-2015
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