Article 8.11
(1)
Notices of decision procedures, and notices seeking deemed consent, must be delivered in accordance with the following table.
| Proceedings | Decisions | Persons to whom notice must be delivered | Minimum notice required |
|---|---|---|---|
| receivership | decisions of creditors | the creditors | 14 days |
| creditors' voluntary winding up | decisions of creditors for appointment of liquidator (including any decision made at the same time on the establishment of a liquidation committee) | the creditors | 14 days on conversion from members' voluntary liquidation, 7 days on conversion from member's voluntary liquidation where deemed consent has been objected to and in other cases, 3 business days |
| creditors' voluntary winding up or a winding up by the court | decisions of creditors to consider whether a replacement should be appointed after a liquidator's resignation | the creditors | 28 days |
| winding up by the court | decisions of creditors to consider whether to remove or replace the liquidator (other than after a liquidator's resignation) | the creditors | 14 days |
| creditors' voluntary winding up or a winding up by the court | other decisions of creditors | the creditors | 14 days |
| creditors' voluntary winding up or a winding up by the court | decisions of contributories | every person appearing (by the company's records or otherwise) to be a contributory | 14 days |
| F1. . . | . . . | . . . | . . . |
(2)
This rule does not apply where the court orders under rule 8.12 that notice of a decision procedure be given by advertisement only.
Annotations
Textual amendments
- F1
Words in rule 8.11(1) omitted (31.12.2020) by virtue of S.I. 2019/146, Sch. para. 137I (as inserted by The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 6; 2020 c. 1, Sch. 5 para. 1(1))