{
  "url": "https://openlegislation.uk/insolvency-england-and-wales-rules-2016/rule-15.40",
  "json_url": "https://openlegislation.uk/insolvency-england-and-wales-rules-2016/rule-15.40.json",
  "legislation": "uksi/2016/1024",
  "legislation_title": "The Insolvency (England and Wales) Rules 2016",
  "legislation_url": "https://openlegislation.uk/insolvency-england-and-wales-rules-2016",
  "path": "rule/15.40",
  "kind": "rule",
  "number": "15.40",
  "heading": "Record of a decision",
  "text": "(1) The convener or chair must cause a record of the decision procedure to be kept.\n(2) In the case of a meeting, the record must be in the form of a minute of the meeting.\n(3) 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.\n(4) The record must identify the proceedings, and must include—\n(a) in the case of a decision procedure of creditors, a list of the names of the creditors who participated and their claims;\n(b) in the case of a decision procedure of contributories, a list of the names of the contributories who participated;\n(c) where a decision is taken on the election of members of a creditors' committee or liquidation committee, the names and addresses of those elected;\n(d) 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\n(e) in any case, a record of every decision made and how creditors voted.\n(5) 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.\n(6) The record under paragraph (5) must—\n(a) identify the proceedings;\n(b) state whether or not the decision was taken; and\n(c) contain a list of the creditors or contributories who objected to the decision, and in the case of creditors, their claims.\n(7) A record under this rule must also identify any decision procedure (or the deemed consent procedure) by which the decision had previously been sought.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "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))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/1024/rule/15.40",
    "retrieved_at": "2026-10-28T23:19:01.539785+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}