{
  "url": "https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/part-8/chapter-11/article-8",
  "json_url": "https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/part-8/chapter-11/article-8.json",
  "legislation": "ssi/2018/347",
  "legislation_title": "The Insolvency (Scotland) (Receivership and Winding up) Rules 2018",
  "legislation_url": "https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018",
  "path": "part/8/chapter/11/article/8",
  "kind": "article",
  "number": "8.40",
  "heading": "Record of a decision",
  "text": "(1) Where a decision is sought using a decision procedure, the convener or chair must make a record of the decision procedure.\n(2) In the case of a meeting, the record must be in the form of a minute of the meeting.\n(3) The record must be authenticated by the convener or chair and must include—\n(a) identification details for the insolvency proceedings;\n(b) in the case of a decision procedure of creditors, a list of the names of the creditors who participated and their claims;\n(c) in the case of a decision procedure of contributories, a list of the names of the contributories who participated;\n(d) where a decision is taken on the election of members of a creditors' committee or liquidation committee, the names and addresses of those elected;\n(e) a record of any change to the result of the resolution made under rule 8.38(6) and the reason for any such change; and\n(f) in any case, a record of every decision made and how creditors voted.\n(4) Where a decision is sought using the deemed consent procedure, the convener must make a record of the procedure.\n(5) The record under paragraph (4) must be authenticated by the convener and must—\n(a) identify the proceedings;\n(b) state whether or not the decision was taken; and\n(c) contain a list of the creditors or contributories who objected to the decision, and in the case of creditors, their claims.\n(6) A record under this rule must also identify any decision procedure (or the deemed consent procedure) by which the decision had previously been sought.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2018/347/part/8/chapter/11/article/8",
    "retrieved_at": "2026-10-28T21:10:16.461516+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}