Article 34 Venue and conduct of company meeting

(1)

Where the energy administrator summons a meeting of members of the energy supply company, the energy administrator must fix a venue for it having regard to their convenience.

(2)

The chair of the meeting shall be the energy administrator or a person nominated by the energy administrator in writing to act in the energy administrator's place.

(3)

A person so nominated must be either—

(a)

one who is qualified to act as an insolvency practitioner in relation to the energy supply company, or

(b)

an employee of the energy administrator or the energy administrator's firm who is experienced in insolvency matters.

(4)

If within 30 minutes from the time fixed for commencement of the meeting there is no person present to act as chair, the meeting stands adjourned to the same time and place in the following week or, if that day is not a business day, to the business day immediately following.

(5)

Subject to anything to the contrary in the 1986 Act and these Rules, the meeting must be summoned and conducted—

(a)

in the case of an energy supply company incorporated—

(i)

in England and Wales, or

(ii)

outside the United Kingdom other than in an EEA state,

in accordance with the law of England and Wales, including any applicable provision in or made under the Companies Act;

(b)

in the case of an energy supply company incorporated in an EEA state F1..., in accordance with the law of the state applicable to meetings of the company.

(6)

The chair of the meeting must cause minutes of its proceedings to be entered in the energy supply company's minute book.

Annotations

Textual amendments

F1: Words in rule 34(5)(b) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 82; 2020 c. 1, Sch. 5 para. 1(1)