Paragraph 5 Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence
This paragraph applies where on or after the commencement date—
a creditors' or contributories' meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the 1986 Rules or the 1986 Act;
a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;
a meeting is to be held as a result of a statement made under paragraph 52(1)(b) of Schedule B1 and a request is made before that date which obliges the administrator to summon an initial creditors' meeting;
Where a meeting is to be held under sub-paragraph (1)(a) to (1)(d), Part 15 of these Rules does not apply and the 1986 Rules relating to the following continue to apply—
the requirement to hold the meeting;
notice and advertisement of the meeting;
governance of the meeting;
recording and taking minutes of the meeting;
the report or return of the meeting;
membership and formalities of establishment of liquidation and creditors' committees where the resolution to form the committee is passed at the meeting;
the office-holder's resignation or removal at the meeting;
the office-holder's release;
fixing the office-holder's remuneration;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
hand-over of assets to a supervisor of a voluntary arrangement where the proposal is approved at the meeting;
the notice of the appointment of a supervisor of a voluntary arrangement where the appointment is made at the meeting;
the advertisement of appointment of a trustee in bankruptcy where the appointment is made at the meeting;
claims that remuneration is or that other expenses are excessive; and
complaints about exclusion at the meeting.
Where, before the commencement date, the office-holder sought to obtain a resolution by correspondence under 1986 rule 2.48, 4.63A or 6.88A, the 1986 Rules relating to resolutions by correspondence continue to apply and sub-paragraph (2) applies to any meeting that those rules require the office-holder to summon.
However, any application to the court in respect of such a meeting or vote is to be made in accordance with Part 12 of these Rules.
Annotations
Textual amendments
- F1
Word in Sch. 2 para. 5(1)(d) omitted (6.4.2017) by virtue of The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 45(a)
- F2
Words in Sch. 2 para. 5(1)(d) substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 45(b)
- F3
Sch. 2 para. 5(2)(j) omitted (6.4.2017) by virtue of The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 46
Marginal citations
- M1
1986 c.45. Article 12 of the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 S.I. 2010/18 saves section 104A of the Act in relation to companies where the resolution to wind up was passed before 6th April 2010.