# The Insolvency (England and Wales) Rules 2016, 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 ... 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.
(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;
(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.

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Source: https://www.legislation.gov.uk/uksi/2016/1024/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/insolvency-england-and-wales-rules-2016/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.