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Paragraph 5 Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence

(1)

This paragraph applies where on or after the commencement date—

(a)

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;

(b)

a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;

(c)

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;

(d)

a F1... meeting is required by F2sections 93 or 105 of the 1986 Act M1 in the winding up of a company where the resolution to wind up was passed before 6th April 2010.

(2)

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—

(a)

the requirement to hold the meeting;

(b)

notice and advertisement of the meeting;

(c)

governance of the meeting;

(d)

recording and taking minutes of the meeting;

(e)

the report or return of the meeting;

(f)

membership and formalities of establishment of liquidation and creditors' committees where the resolution to form the committee is passed at the meeting;

(g)

the office-holder's resignation or removal at the meeting;

(h)

the office-holder's release;

(i)

fixing the office-holder's remuneration;

F3(j)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)

hand-over of assets to a supervisor of a voluntary arrangement where the proposal is approved at the meeting;

(l)

the notice of the appointment of a supervisor of a voluntary arrangement where the appointment is made at the meeting;

(m)

the advertisement of appointment of a trustee in bankruptcy where the appointment is made at the meeting;

(n)

claims that remuneration is or that other expenses are excessive; and

(o)

complaints about exclusion at the meeting.

(3)

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.

(4)

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.