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Rule 1.24 Report of meetingsI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

A report of the meetings shall be prepared by the person who was chairman of them.

(2)

The report shall—

F1(a)

state whether the proposal for a voluntary arrangement was approved by the creditors of the company alone or by both the creditors and members of the company and in either case whether such approval was with any modifications;

(b)

set out the resolutions which were taken at each meeting, and the decision on each one;

(c)

list the creditors and members of the company (with their respective values) who were present or represented at the meetings, and how they voted on each resolution; F2...

F3(ca)

state whether, in the opinion of the supervisor, (i) the EC Regulation applies to the voluntary arrangement and (ii) if so, whether the proceedings are main proceedings, secondary proceedings or territorial proceedings; and

(d)

include such further information (if any) as the chairman thinks it appropriate to make known to the court.

(3)

A copy of the chairman's report shall, within 4 days of the meetings being held, be filed in court; and the court shall cause that copy to be endorsed with the date of filing.

(4)

In respect of each of the meetings, the persons to whom notice of its result is to be sent by the chairman under section 4(6) are all those who were sent notice of the meeting under this Part of the Rules.

The notice shall be sent immediately after a copy of the chairman's report is filed in court under paragraph (3).

(5)

F4If the decision approving the voluntary arrangement has effect under section 4A (whether or not in the form proposed), the supervisor shall forthwith send a copy of the chairman's report to the registrar of companies.

Annotations

Textual amendments

F1

Rule 1.24(2)(a) substituted (1.1.2003) by The Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), rule 1(1), Sch. para. 16(a) (with rule 3(2))

F2

Word in rule 1.24(2)(c) omitted (31.5.2002) by virtue of The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 4(3)(a) (with rule 3)

F3

Rule 1.24(2)(ca) inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 4(3)(b) (with rule 3)

F4

Words in rule 1.24(5) substituted (1.1.2003) by The Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), rule 1(1), Sch. para. 16(b) (with rule 3(2))

Commencement

I1

Rule 1.24 in force at 29.12.1986, see rule 0.1