# The Insolvency (England and Wales) Rules 2016, Rule 15.40: Record of a decision


(1) The convener or chair must cause a record of the decision procedure to be kept.
(2) In the case of a meeting, the record must be in the form of a minute of the meeting.
(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.
(4) The record must identify the proceedings, and must include—
(a) in the case of a decision procedure of creditors, a list of the names of the creditors who participated and their claims;
(b) in the case of a decision procedure of contributories, a list of the names of the contributories who participated;
(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;
(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
(e) in any case, a record of every decision made and how creditors voted.
(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.
(6) The record under paragraph (5) must—
(a) identify the proceedings;
(b) state whether or not the decision was taken; and
(c) contain a list of the creditors or contributories who objected to the decision, and in the case of creditors, their claims.
(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.

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Source: https://www.legislation.gov.uk/uksi/2016/1024/rule/15.40 (the official version)
Page: https://openlegislation.uk/insolvency-england-and-wales-rules-2016/rule-15.40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.