OpenLegislation

Rule 8.5 Right of inspectionI1

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)

The responsible insolvency practitioner shall, so long as proxies lodged with him are in his hands, allow them to be inspected, at all reasonable times on any business day, by—

(a)

the creditors, in the case of proxies used at a meeting of creditors, and

(b)

a company's members or contributories, in the case of proxies used at a meeting of the company or of its contributories.

(2)

The reference in paragraph (1) to creditors is—

(a)

in the case of a company in liquidation or of an individual's bankruptcy, those creditors who have proved their debts, and

(b)

in any other case, persons who have submitted in writing a claim to be creditors of the company or individual concerned;

but in neither case does it include a person whose proof or claim has been wholly rejected for purposes of voting, dividend or otherwise.

(3)

The right of inspection given by this Rule is also exercisable—

(a)

in the case of an insolvent company, by its directors, and

(b)

in the case of an insolvent individual, by him.

(4)

Any person attending a meeting in insolvency proceedings is entitled, immediately before or in the course of the meeting, to inspect proxies and associated documents F1(including proofs) sent or given, in accordance with directions contained in any notice convening the meeting, to the chairman of that meeting or to any other person by a creditor, member or contributory for the purpose of that meeting.

Annotations

Textual amendments

F1

Words in rule 8.5(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. 136

Commencement

I1

Rule 8.5 in force at 29.12.1986, see rule 0.1