Section 101 Remote attendance at meetings and use of websitesI1

After Article 208ZG (inserted by section 7(1)) insert—

“Remote attendance at meetings

Remote attendance at meetings

208ZH.

(1)

This Article applies to any meeting of the members of a company summoned by the office-holder under this Order or the rules, other than a meeting of the members of the company in a members’ voluntary winding up.

(2)

Where the person summoning a meeting (“the convener”) considers it appropriate, the meeting may be conducted and held in such a way that persons who are not present together at the same place may attend it.

(3)

Where a meeting is conducted and held in the manner referred to in paragraph (2), a person attends the meeting if that person is able to exercise any rights which that person may have to speak and vote at the meeting.

(4)

For the purposes of this Article—

(a)

a person is able to exercise the right to speak at a meeting when that person is in a position to communicate to all those attending the meeting, during the meeting, any information or opinions which that person has on the business of the meeting; and

(b)

a person is able to exercise the right to vote at a meeting when—

(i)

that person is able to vote, during the meeting, on resolutions put to the vote at the meeting; and

(ii)

that person’s vote can be taken into account in determining whether or not such resolutions are passed at the same time as the votes of all the other persons attending the meeting.

(5)

The convener of a meeting which is to be conducted and held in the manner referred to in paragraph (2) shall make whatever arrangements the convener considers appropriate to—

(a)

enable those attending the meeting to exercise their rights to speak or vote; and

(b)

ensure the identification of those attending the meeting and the security of any electronic means used to enable attendance.

(6)

Where in the reasonable opinion of the convener—

(a)

a meeting will be attended by persons who will not be present together at the same place, and

(b)

it is unnecessary or inexpedient to specify a place for the meeting,

any requirement under this Order or the rules to specify a place for the meeting may be satisfied by specifying the arrangements the convener proposes to enable persons to exercise their rights to speak or vote.

(7)

In making the arrangements referred to in paragraph (5) and in forming the opinion referred to in paragraph (6)(b), the convener must have regard to the legitimate interests of the members and others attending the meeting in the efficient despatch of the business of the meeting.

(8)

If—

(a)

the notice of a meeting does not specify a place for the meeting,

(b)

the convener is requested in accordance with the rules to specify a place for the meeting, and

(c)

that request is made by members representing not less than 10% of the total voting rights of all the members having at the date of the request a right to vote at the meeting,

it shall be the duty of the convener to specify a place for the meeting.

(9)

In this Article, “the office-holder”, in relation to a company, means—

(a)

the monitor in relation to a moratorium under Part 1A;

(b)

its liquidator, provisional liquidator, administrator, or administrative receiver; or

(c)

where a voluntary arrangement in relation to the company is proposed or has taken effect under Part 2, the nominee or the supervisor of the voluntary arrangement.

Giving of notices etc by office-holders

Use of websites

208ZI.

(1)

Where any provision of this Order or the rules requires the office-holder to give, deliver, furnish or send a notice or other document or information to any person, that requirement is satisfied by making the notice, document or information available on a website—

(a)

in accordance with the rules; and

(b)

in such circumstances as may be prescribed.

(2)

In this Article, “the office-holder” means—

(a)

the monitor in relation to a moratorium under Part 1A;

(b)

the liquidator, provisional liquidator, administrator, or administrative receiver of a company; or

(c)

where a voluntary arrangement in relation to a company is proposed or has taken effect under Part 2, the nominee or the supervisor of the voluntary arrangement.”.

After Article 345C (inserted by section 8(1)) insert—

“Giving of notices etc by office-holders

Use of websites

345D.

(1)

This Article applies where—

(a)

a bankruptcy order is made against an individual or an interim receiver of an individual’s property is appointed, or

(b)

a voluntary arrangement in relation to an individual is proposed or is approved under Chapter 2 of Part 8,

and “the office-holder” means the official receiver, the trustee in bankruptcy, the interim receiver, the nominee or the supervisor of the voluntary arrangement, as the case may be.

(2)

Where any provision of this Order or the rules requires the office-holder to give, deliver, furnish or send a notice or other document or information to any person, that requirement is satisfied by making the notice, document or information available on a website—

(a)

in accordance with the rules; and

(b)

in such circumstances as may be prescribed.”.

In consequence of the amendments made by subsections (1) and (2), omit—

In any enactment, instrument or other document passed or made before the date on which this Act is passed, any reference to Article 208ZA, 208ZB or 345B as inserted by section 1 of the Insolvency (Amendment) Act (Northern Ireland) 2016 is to be read, in relation to any time after that date, as or as including (so far as the context permits) a reference to Article 208ZH, 208ZI or 345D as inserted by this section.