{
  "url": "https://openlegislation.uk/insolvency-rules-1986/rule-2.38",
  "json_url": "https://openlegislation.uk/insolvency-rules-1986/rule-2.38.json",
  "legislation": "uksi/1986/1925",
  "legislation_title": "The Insolvency Rules 1986",
  "legislation_url": "https://openlegislation.uk/insolvency-rules-1986",
  "path": "rule/2.38",
  "kind": "rule",
  "number": "2.38",
  "heading": "Entitlement to vote",
  "text": "(1) Subject as follows, at a meeting of creditors in administration proceedings a person is entitled to vote only if—\n(a) he has given to the administrator, not later than 12.00 hours on the business day before the day fixed for the meeting, details in writing of the debt which—\n(i) he claims to be due to him from the company; or\n(ii) in relation to a member State liquidator, is claimed to be due to creditors in proceedings in relation to which he holds office;\n(b) the claim has been duly admitted under the following provisions of this Rule; and\n(c) there has been lodged with the administrator any proxy which he intends to be used on his behalf,\nand details of the debt must include any calculation for the purposes of Rules 2.40 to 2.42.\n(2) The chairman of the meeting may allow a creditor to vote, notwithstanding that he has failed to comply with paragraph (1)(a), if satisfied that the failure was due to circumstances beyond the creditor’s control.\n(3) The chairman of the meeting may call for any document or other evidence to be produced to him, where he thinks it necessary for the purpose of substantiating the whole or any part of the claim.\n(4) Votes are calculated according to the amount of a creditor’s claim as at the date on which the company entered administration, less any payments that have been made to him after that date in respect of his claim and any adjustment by way of set-off in accordance with Rule 2.85 as if that Rule were applied on the date that the votes are counted.\n(5) A creditor shall not vote in respect of a debt for an unliquidated amount, or any debt whose value is not ascertained, except where the chairman agrees to put upon the debt an estimated minimum value for the purpose of entitlement to vote and admits the claim for that purpose.\n(6) No vote shall be cast by virtue of a claim more than once on any resolution put to the meeting.\n(7) Where—\n(a) a creditor is entitled to vote under this Rule;\n(b) has lodged his claim in one or more sets of other proceedings; and\n(c) votes (either in person or by proxy) on a resolution put to the meeting; and\n(d) the member State liquidator casts a vote in respect of the same claim,\nonly the creditor’s vote shall be counted.\n(8) Where—\n(a) a creditor has lodged his claim in more than one set of other proceedings; and\n(b) more than one member State liquidator seeks to vote by virtue of that claim,\nthe entitlement to vote by virtue of that claim is exercisable by the member State liquidator in main proceedings, whether or not the creditor has lodged his claim in the main proceedings.\n(9) For the purposes of paragraph (6), the claim of a creditor and of any member State liquidator in relation to the same debt are a single claim.\n(10) For the purposes of paragraphs (7) and (8), “other proceedings” means main proceedings, secondary proceedings or territorial proceedings in another member State.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 2 substituted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 9 (with rule 5(2)-(4))"
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted for rule 4.54(5)",
      "affecting": "uksi/2010/686",
      "affecting_title": "The Insolvency (Amendment) Rules 2010"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1986/1925/rule/2.38",
    "retrieved_at": "2026-10-29T16:38:55.219722+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}