Rule 6.162 Resolutions by postI1
England and Wales
In accordance with this Rule, the trustee may seek to obtain the agreement of members of the creditors' committee to a resolution by sending to every member (or his representative designated for the purpose) a copy of the proposed resolution.
Where the trustee makes use of the procedure allowed by this Rule, he shall send out to members of the committee or their representatives (as the case may be) F1a copy of any proposed resolution on which a decision is sought, which shall be set out in such a way that agreement with or dissent from each separate resolution may be indicated by the recipient on the copy so sent.
Any member of the committee may, within 7 F2business days from the date of the trustee sending out a resolution, require the trustee to summon a meeting of the committee to consider the matters raised by the resolution.
In the absence of such a request, the resolution is deemed to have been carried in the committee if and when the trustee is notified in writing by a majority of the members that they concur with it.
A copy of every resolution passed under this Rule, and a note that the concurrence of the committee was obtained, shall be kept with the records of the bankruptcy.
Annotations
Textual amendments
- F1
Words in rule 6.162(2) 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. 119(1)
- F2
Word in rule 6.162(3) inserted (11.1.1988 with application in accordance with rule 3(1)(2)) by virtue of The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 119(2)
Commencement
- I1
Rule 6.162 in force at 29.12.1986, see rule 0.1