Rule 5.27 Report of creditors' meetingF1

(1)

A report of the creditors' meeting shall be prepared by the chairman of the meeting.

(2)

The report shall—

(a)

state whether the proposal for a voluntary arrangement was approved or rejected and, if approved, with what (if any) modifications;

(b)

set out the resolutions which were taken at the meeting, and the decision on each one;

(c)

list the creditors (with their respective values) who were present or represented at the meeting, and how they voted on each resolution;

(d)

whether in the opinion of the supervisor,

(i)

the EC Regulation applies to the voluntary arrangement, and

(ii)

if so, whether the proceedings are main proceedings or territorial proceedings; and

(e)

include such further information (if any) as the chairman thinks it appropriate to make known to the court.

(3)

A copy of the chairman’s report shall, within 4 days of the meeting being held, be filed in court; and the court shall cause that copy to be endorsed with the date of filing.

(4)

The persons to whom notice of the result is to be given, under section 259(1), are all those who were sent notice of the meeting under this Part of the Rules and any other creditor of whom the chairman is aware, and where the debtor is an undischarged bankrupt, the official receiver and (if any) the trustee.

The notice shall be sent immediately after a copy of the chairman’s report is filed in court under paragraph (3).

(5)

In a case where no interim order has been obtained the court shall not consider the chairman’s report unless an application is made to the court under the Act or the Rules in relation to it.

Annotations

Textual amendments

F1: Pt. 5 substituted (1.1.2003) by The Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), rule 1(1), Sch. para. 24 (with rule 3(2))