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Rule 6.80 Business at first meetingI1

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)

At the first meeting of creditors, no resolutions shall be taken other than the following—

(a)

a resolution to appoint a named insolvency practitioner to be trustee in bankruptcy or two or more named insolvency practitioners as joint trustees;

(b)

a resolution to establish a creditors' committee;

(c)

(unless it has been resolved to establish a creditors' committee) a resolution specifying the terms on which the trustee is to be remunerated, or to defer consideration of that matter;

(d)

(if, and only if, two or more persons are appointed to act jointly as trustee) a resolution specifying whether acts are to be done by both or all of them, or by only one;

(e)

(where the meeting has been requisitioned under section 294) a resolution authorising payment out of the estate, as an expense of the bankruptcy, of the cost of summoning and holding the meeting;

(f)

a resolution to adjourn the meeting for not more than 3 weeks;

(g)

any other resolution which the chairman thinks it right to allow for special reasons.

(2)

No resolution shall be proposed which has for its object the appointment of the official receiver as trustee.

Annotations

Commencement

I1

Rule 6.80 in force at 29.12.1986, see rule 0.1