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Rule 4.57 Requisitioned 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)

[FORM 4.21] Any request by creditors to the liquidator (whether or not the official receiver) for a meeting of creditors or contributories, or meetings of both, to be summoned shall be accompanied by—

(a)

a list of the creditors concurring with the request and the amount of their respective claims in the winding up;

(b)

from each creditor concurring, written confirmation of his concurrence; and

(c)

a statement of the purpose of the proposed meeting.

Sub-paragraphs (a) and (b) do not apply if the requisitioning creditor's debt is alone sufficient, without the concurrence of other creditors.

(2)

The liquidator shall, if he considers the request to be properly made in accordance with the Act, fix a venue for the meeting, not more than 35 days from his receipt of the request.

(3)

The liquidator shall give 21 days' notice of the meeting, and the venue for it, to creditors.

(4)

[FORM 4.24]Paragraphs (1) to (3) above apply to the requisitioning by contributories of contributories' meetings, with the following modifications—

(a)

for the reference in paragraph (1)(a) to the creditors' respective claims substitute the contributories' respective values (being the amounts for which they may vote at any meeting); and

(b)

the persons to be given notice under paragraph (3) are those appearing (by the company's books or otherwise) to be contributories of the company.

(NO CVL APPLICATION)

Annotations

Commencement

I1

Rule 4.57 in force at 29.12.1986, see rule 0.1