Rule 15.40 Record of a decisionC1
The convener or chair must cause a record of the decision procedure to be kept.
In the case of a meeting, the record must be in the form of a minute of the meeting.
The record must be authenticated by the convener or chair and be retained by the office-holder as part of the records of the insolvency proceedings in question.
The record must identify the proceedings, and must include—
in the case of a decision procedure of creditors, a list of the names of the creditors who participated and their claims;
in the case of a decision procedure of contributories, a list of the names of the contributories who participated;
where a decision is taken on the election of members of a creditors' committee or liquidation committee, the names and addresses of those elected;
a record of any change to the result of the resolution made under rule 15.38(6) and the reason for any such change; and
in any case, a record of every decision made and how creditors voted.
Where a decision is sought using the deemed consent procedure, a record must be made of the procedure, authenticated by the convener, and must be retained by the office-holder as part of the records of the insolvency proceedings in question.
The record under paragraph (5) must—
identify the proceedings;
state whether or not the decision was taken; and
contain a list of the creditors or contributories who objected to the decision, and in the case of creditors, their claims.
A record under this rule must also identify any decision procedure (or the deemed consent procedure) by which the decision had previously been sought.
Annotations
Modifications
- C1
Rule 15.40 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 134, Sch. (with rule 2(2))
Notes on Part 15
Modifications
- C1
Pt. 15 applied in part (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 paras. 23(1)(a), 24-28 (with ss. 2(2), 5(2), Sch. 4 para. 12)
- C2
Pt. 15 applied (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 41(a) (with ss. 2(2), 5(2), Sch. 4 para. 12)
- C3
Pt. 15 applied in part (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 11(1)(a), 12-16, 29(a), 38 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)
Notes on Chapter 11
Modifications
- C1
Pt. 15 Ch. 11 applied (with modifications) (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 3.29 (with rule 1.2)
- C2
Pt. 15 Ch. 11 applied (with modifications) (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 3.29 (with rule 1.2)
- C3
Pt. 15 Ch. 11 applied (with modifications) (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 30 (with rule 2)
- C4
Pt. 15 Ch. 11 applied (with modifications) (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 30 (with rule 2(1))