OpenLegislation

Article 10.3

(1)

A committee in a receivership must have at least 3 members but not more than 5 members.

(2)

A liquidation committee in a creditors' voluntary winding up appointed pursuant to section 101 M1 must have at least 3 members.

(3)

A liquidation committee in a winding up by the court established under section 142 M2 must have—

(a)

at least 3 and not more than 5 members elected by the creditors; and

(b)

where the grounds on which the company was wound up do not include inability to pay its debts, and where the contributories so decide, up to 3 contributory members elected by the contributories.

Annotations

Marginal citations

M1

In section 101 subsection (1) was substituted by paragraph 25(2) of schedule 9 of the Small Business, Enterprise and Employment Act 2015 (c.26) (“the 2015 Act”) and subsection (3) was amended by paragraph 25(3) of that schedule.

M2

In section 142 subsections (1) to (4) were substituted by paragraph 37(2) of schedule 9 to the 2015 Act and subsection (6) was amended by paragraph 37(3) of that schedule.