# The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, 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.

---
Source: https://www.legislation.gov.uk/uksi/2018/1082/part/5/chapter/9/article/5 (the official version)
Page: https://openlegislation.uk/insolvency-scotland-company-voluntary-arrangements-and-administration-rules-2018/part-5/chapter-9/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

