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Rule 4.58 Attendance at meetings of company's personnelI1

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)

This Rule applies to meetings of creditors and to meetings of contributories.

(2)

Whenever a meeting is summoned, the convener shall give at least 21 days' notice to such of the company's personnel as he thinks should be told of, or be present at, the meeting.

  • “The company's personnel” means the persons referred to in paragraphs (a) to (d) of section 235(3) (present and past officers, employees, etc.).

(3)

If the meeting is adjourned, the chairman of the meeting shall, unless for any reason he thinks it unnecessary or impracticable, give notice of the adjournment to such (if any) of the company's personnel as he considers appropriate, being persons who were not themselves present at the meeting.

(4)

The convener may, if he thinks fit, give notice to any one or more of the company's personnel that he is, or they are, required to be present at the meeting, or to be in attendance.

(5)

In the case of any meeting, any one or more of the company's personnel, and any other persons, may be admitted, but—

(a)

they must have given reasonable notice of their wish to be present, and

(b)

it is a matter for the chairman's discretion whether they are to be admitted or not, and his decision is final as to what (if any) intervention may be made by any of them.

(6)

If it is desired to put questions to any one of the company's personnel who is not present, the chairman may adjourn the meeting with a view to obtaining his attendance.

(7)

Where one of the company's personnel is present at a meeting, only such questions may be put to him as the chairman may in his discretion allow.

Annotations

Commencement

I1

Rule 4.58 in force at 29.12.1986, see rule 0.1