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Rule 1.48 Summoning of meetings; procedure at meetings etc.F1

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)
  • rule 1.48(4)(4A) substituted for rule 1.48(4) by Insolvency 2010 Sch. 1 para. 31(2)
(1)

Where the nominee summons meetings of creditors and the company pursuant to paragraph 29(1) of Schedule A1 to the Act, each of those meetings shall be summoned for a date that is not more than 28 days from the date on which the moratorium came into force.

(2)

Notices calling the creditors' meetings shall be sent by the nominee to all creditors specified in the statement of affairs and any other creditors of the company of whose address he is aware at least 14 days before the day fixed for the meeting.

(3)

Notices calling the company meeting shall be sent by the nominee to all persons who are, to the best of the nominee’s belief, members of the company at least 14 days before the day fixed for the meeting.

(4)

Each notice sent under this Rule shall specify the court in which the documents relating to the obtaining of the moratorium were filed and state the effect of paragraphs (1), (3) and (4) of Rule 1.52 (requisite majorities (creditors)) and with each notice there shall be sent—

(a)

a copy of the directors' proposal;

(b)

a copy of the statement of the company’s affairs or, if the nominee thinks fit, a summary of it (the summary to include a list of creditors and the amount of their debts); and

(c)

the nominee’s comments on the proposal.

(5)

The provisions of Rules 1.13 to 1.16 shall apply.

Annotations

Textual amendments

F1

Pt. 1 Ch. 9 inserted (1.1.2003) by The Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), rule 1(1), Sch. 1 para. 21 (with rule 3(2))