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Article 5.36 Record of a decision

(1)

Where a decision is sought using a decision procedure, the convener or chair must make a record of the decision procedure.

(2)

In the case of a meeting, the record must be in the form of a minute of the meeting.

(3)

The record must be authenticated by the convener or chair and must include—

(a)

identification details for the insolvency proceedings;

(b)

a list of the names of the creditors who participated in the decision procedure and their claims;

(c)

where a decision is taken on the election of members of a creditors' committee, the names and addresses of those elected;

(d)

a record of any change to the result of the resolution made under rule 5.35(6) and the reason for any such change; and

(e)

in any case, a record of every decision made and how creditors voted.

(4)

Where a decision is sought using the deemed consent procedure, the convener must make a record of the procedure.

(5)

The record under paragraph (4) must be authenticated by the convener and must—

(a)

identify the insolvency proceedings;

(b)

state whether or not the decision was made; and

(c)

contain a list of the creditors who objected to the decision and their claims.

(6)

A record made under this rule must also identify any decision procedure (or the deemed consent procedure) by which a decision had previously been sought.

Notes on Part 5

Modifications

C1

Pt. 5 applied in part (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 paras. 63(1)(a), 64-68 (with ss. 2(2), 5(2), Sch. 4 para. 52)

C2

Pt. 5 applied (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 81(a) (with ss. 2(2), 5(2), Sch. 4 para. 52)

C3

Pt. 5 applied in part (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 48-53, 66(a), 74 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)

Notes on Chapter 9

Modifications

C1

Pt. 5 Chs. 1-9 applied in part (with modifications) (6.4.2019) by The Insolvency (Scotland) (Receivership and Winding up) Rules 2018 (S.S.I. 2018/347), rules 1, 11.10(3)