Paragraph 5 Savings in respect of meetings taking place on or after the commencement date and resolutions by post

(1)

This paragraph applies where on or after the commencement date—

(a)

a creditors' or contributories' meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the 1986 Rules or the Act;

(b)

a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;

(c)

a meeting at year's end is required by section 105 M1 in the winding up of a company where the resolution to wind up was passed before the commencement date.

(2)

Where paragraph (1) applies, Part 8 of these Rules does not apply and the 1986 Rules relating to the following continue to apply:—

(a)

the requirement to hold the meeting;

(b)

notice and advertisement of the meeting;

(c)

governance of the meeting;

(d)

recording and taking minutes of the meeting;

(e)

the report or return of the meeting;

(f)

membership and formalities of establishment of liquidation and creditors' committees where the resolution to form the committee is passed at the meeting;

(g)

the office-holder's resignation or removal at the meeting;

(h)

the office-holder's release;

(i)

fixing the office-holder's remuneration;

(j)

requests for further information from creditors;

(k)

claims that remuneration is or that other expenses are excessive; and

(l)

complaints about exclusion at the meeting.

(3)

Where, before the commencement date, the office-holder sought to obtain a resolution by correspondence under 1986 rule 4.55, the 1986 Rules relating to resolutions by correspondence continue to apply and sub-paragraph (2) applies to any meeting that those rules require the office-holder to summon.

Annotations

Marginal citations

M1: 1986 c.45. Section 105 was amended by article 6(4) of S.I. 2010/18, prospectively amended by paragraph 28 of Schedule 9 of the Small Business, Enterprise and Employment Act 2015 (c.26) (“the 2015 Act”), and repealed by article 6 of the Public Services Reform (Insolvency) Order 2016 (S.S.I. 2016/141).