Rule 15.9 Voting in a decision procedureC1
In order to be counted in a decision procedure other than where votes are cast at a meeting, votes must—
be received by the convener on or before the decision date; and
in the case of a vote cast by a creditor, be accompanied by a proof in respect of the creditor's claim unless it has already been given to the convener.
In F1a decision procedure in respect of a moratorium under Part A1 of the Act, an administration, an administrative receivership, a creditors' voluntary winding up, a winding up by the court or a bankruptcy a vote must be disregarded if—
a proof in respect of the claim is not received by the convener on or before the decision date or, in the case of a meeting, 4pm on the business day before the decision date unless under rule 15.26 or 15.28(1)(b)(ii) (as applicable) the chair is content to accept the proof later; or
the convener decides, in the application of Chapter 8 of this Part, that the creditor is not entitled to cast the vote.
For the decision to be made, the convener must receive at least one valid vote on or before the decision date.
Annotations
Textual amendments
- F1
Words in rule 15.9(2) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 67 (with rules 4, 5)
Modifications
- C1
Rules 15.2-15.15 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 115-123, 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 3
Modifications
- C1
Pt. 15 Ch. 3 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. 3 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 Chs. 2, 3 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 Chs. 2, 3 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))