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Rule 6.83 Requisitioned meetingsI1

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)

[FORM 6.34] A request by creditors to the official receiver for a meeting of creditors to be summoned shall be accompanied by—

(a)

a list of the creditors concurring with the request and the amount of their respective claims in the bankruptcy,

(b)

from each creditor concurring, written confirmation of his concurrence, and

(c)

a statement of the purpose of the proposed meeting.

Sub-paragraphs (a) and (b) do not apply if the requisitioning creditor's debt is alone sufficient, without the concurrence of other creditors.

(2)

The official receiver, if he considers the request to be properly made in accordance with the Act, shall—

(a)

fix a venue for the meeting, to take place not more than 35 days from the receipt of the request, and

(b)

give 21 days' notice of the meeting, and of the venue for it, to creditors.

(3)

Where a request for a creditors' meeting is made to the trustee, this Rule applies to him as it does to the official receiver.

F1(4)

This Rule shall not apply to voluntary arrangements under section 263A.

Annotations

Textual amendments

F1

Rule 6.83(4) inserted (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 35

Commencement

I1

Rule 6.83 in force at 29.12.1986, see rule 0.1