{
  "url": "https://openlegislation.uk/insolvency-england-and-wales-rules-2016/schedule-2/paragraph-5",
  "json_url": "https://openlegislation.uk/insolvency-england-and-wales-rules-2016/schedule-2/paragraph-5.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": "schedule/2/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence",
  "text": "(1) This paragraph applies where on or after the commencement date—\n(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;\n(b) a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;\n(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;\n(d) a ... meeting is required by sections 93 or 105 of the 1986 Act in the winding up of a company where the resolution to wind up was passed before 6th April 2010.\n(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—\n(a) the requirement to hold the meeting;\n(b) notice and advertisement of the meeting;\n(c) governance of the meeting;\n(d) recording and taking minutes of the meeting;\n(e) the report or return of the meeting;\n(f) membership and formalities of establishment of liquidation and creditors' committees where the resolution to form the committee is passed at the meeting;\n(g) the office-holder's resignation or removal at the meeting;\n(h) the office-holder's release;\n(i) fixing the office-holder's remuneration;\n(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(k) hand-over of assets to a supervisor of a voluntary arrangement where the proposal is approved at the meeting;\n(l) the notice of the appointment of a supervisor of a voluntary arrangement where the appointment is made at the meeting;\n(m) the advertisement of appointment of a trustee in bankruptcy where the appointment is made at the meeting;\n(n) claims that remuneration is or that other expenses are excessive; and\n(o) complaints about exclusion at the meeting.\n(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.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "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."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/1024/schedule/2/paragraph/5",
    "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."
}