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Rule 1.9 Summoning of meetings under s. 3I1

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)

If in his report the nominee states that in his opinion meetings of the company and its creditors should be summoned to consider the directors' proposal, the date on which the meetings are to be held shall be not less than 14, nor more than 28, days from that on which the nominee's report is filed in court under Rule 1.7.

(2)

Notices calling the meetings shall be sent by the nominee, at least 14 days before the day fixed for them to be held—

(a)

in the case of the creditors' meeting, to all the creditors specified in the statement of affairs, and any other creditors of the company of whom he is otherwise aware; and

(b)

in the case of the meeting of members of the company, to all persons who are, to the best of the nominee's belief, members of it.

(3)

Each notice sent under this Rule shall specify the court to which the nominee's report under section 2 has been delivered and shall state the effect of Rule 1.19(1), (3) and (4) (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 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.

Annotations

Commencement

I1

Rule 1.9 in force at 29.12.1986, see rule 0.1