What this form of meeting means
This guide is for a creditor completing a ballot in an individual’s bankruptcy. Article 213.8 permits absentee voting, including for the first meeting. Corporate-meeting rules and remote court-hearing rules should not automatically be applied. For participant status, see the general guide to a personal-bankruptcy creditors’ meeting.
Check the notice and deadline
Article 213.8(7) requires an absentee notice to be sent at least 30 days in advance. The ballot-receipt deadline cannot be earlier than 30 days after dispatch of the notice. Ballots must accompany the notice published in EFRSB.
| Check | Record | If inconsistent |
|---|---|---|
| Debtor and case | Name, identifiers and case number | Request correction; do not vote in the wrong case |
| Agenda | Questions and attachments | Compare the ballot with the notice |
| Receipt deadline | Date and delivery procedure | Seek clarification before expiry |
| Materials | Access address and procedure | Keep the request and response |
Complete and deliver the ballot
- Check admission of your claim and the amount carrying votes. Merely lodging a court application does not establish voting entitlement.
- Use the attached form. Select the prescribed option for each question unambiguously.
- Check signature, date and signatory authority. A representative supplies authority evidence where required.
- Use the address and method consistent with the notice and law. Plan receipt before the deadline rather than dispatch on the last day.
- Keep the ballot, exhibits, inventory and delivery confirmation or electronic receipt.
An ordinary email and voting through a statutory electronic system are different methods. Article 213.8(9) requires an electronic signature for documents and information sent through electronic systems. Do not assume that a scanned signature suffices.
Check the outcome
Compare your ballot, the minutes, the admitted voting amount and the published result. Under Article 213.8(13), the EFRSB absentee-meeting result must include electronic copies of the minutes and documents considered or approved.
📁 Minimum evidence file
Notice and attachments; claim-admission order; agenda materials; signed ballot; authority; receipt evidence; minutes and publication. Record when any discrepancy was discovered. See the separate guide to challenging a meeting decision.
Hypothetical example: a ballot is posted the day before the deadline but delivery is recorded later. A postal dispatch receipt alone does not establish timely receipt. Review the actual terms and delivery records before treating the vote as counted.
Frequently asked questions
Is silence a vote in favour?
No. Non-participation cannot be treated as an expressed agreement. The result depends on the applicable quorum and voting rules.
May I rewrite a question on the ballot?
Unilateral edits may make the vote ambiguous. Set out objections separately and compare the question and options with the agenda.
Is a litigation power of attorney enough?
Check its scope and the requirements for participation and voting in bankruptcy. The document’s title alone is insufficient.
Sources and review date
Legal provisions checked on 23 October 2026. Future amendments not yet in force were not applied. Examples are hypothetical.
Need a ballot and delivery-deadline review? Bring the notice, agenda materials and claim-admission order.
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