Rule 12.4A Quorum at meeting of creditors or contributoriesF1

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

rule 12.4A applied (with modifications) by Bank Insolvency 2009 rule 264
rule 12.4A(3) words substituted by Insolvency 2009 rule 8
rule 12.4A applied (with modifications) by Building Society Insolvency 2010 rule 256
rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
rule 12.4A(3) substituted by SI 2009/356 rule 264(2) (as amended) by Bank Insolvency 2010 rule 78

(1)

Any meeting of creditors or contributories in insolvency proceedings is competent to act if a quorum is present.

(2)

Subject to the next paragraph, a quorum is—

(a)

in the case of a creditors' meeting, at least one creditor entitled to vote;

(b)

in the case of a meeting of contributories, at least 2 contributories so entitled, or all the contributories, if their number does not exceed 2.

(3)

For the purposes of this Rule, the reference to the creditor or contributories necessary to constitute a quorum is to those persons present or represented by proxy by any person (including the chairman) and in the case of any proceedings under Parts I—VII of the Act includes persons duly represented under section 375 of the Companies Act.

(4)

Where at any meeting of creditors or contributories—

(a)

the provisions of this Rule as to a quorum being present are satisfied by the attendance of—

(i)

the chairman alone, or

(ii)

one other person in addition to the chairman, and

(b)

the chairman is aware, by virtue of proofs and proxies received or otherwise, that one or more additional persons would, if attending, be entitled to vote,

the meeting shall not commence until at least the expiry of 15 minutes after the time appointed for its commencement.

Annotations

Textual amendments

F1: Rule 12.4A inserted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 144