Rule 4.65 Suspension and adjournmentI1
England and Wales
This Rule applies to meetings of creditors and to meetings of contributories.
Once only in the course of any meeting, the chairman may, in his discretion and without an adjournment, declare the meeting suspended for any period up to one hour.
The chairman at any meeting may in his discretion, and shall if the meeting so resolves, adjourn it to such time and place as seems to him to be appropriate in the circumstances.
This is subject to Rule 4.113(3) F1or, as the case may be, 4.114-CVL(3) in a case where the liquidator or his nominee is chairman, and a resolution has been proposed for the liquidator's removal.
If within a period of 30 minutes from the time appointed for the commencement of a meeting a quorum is not present, then F2the chairman may, at his discretion, adjourn the meeting to such time and place as he may appoint.
An adjournment under this Rule shall not be for a period of more than 21 days; and Rule 4.60(1) and (2) applies.
If there is no person present to act as chairman, some other person present (being entitled to vote) may make the appointment under paragraph (4), with the agreement of others present (being persons so entitled).
Failing agreement, the adjournment shall be to the same time and place in the next following week or, if that is not a business day, to the business day immediately following.
Where a meeting is adjourned under this Rule, proofs and proxies may be used if lodged at any time up to midday on the business day immediately before the adjourned meeting.
Annotations
Textual amendments
- F1
Words in rule 4.65(3) 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. 55(1)
- F2
Words in rule 4.65(4) substituted (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. 55(2)