# The Insolvency (Scotland) (Receivership and Winding up) Rules 2018, Article 8.40: 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) in the case of a decision procedure of creditors, a list of the names of the creditors who participated and their claims;
(c) in the case of a decision procedure of contributories, a list of the names of the contributories who participated;
(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;
(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
(f) 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 proceedings;
(b) state whether or not the decision was taken; and
(c) contain a list of the creditors or contributories who objected to the decision, and in the case of creditors, their claims.
(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.

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Source: https://www.legislation.gov.uk/ssi/2018/347/part/8/chapter/11/article/8 (the official version)
Page: https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/part-8/chapter-11/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.