{
  "url": "https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/schedule-2/paragraph-5",
  "json_url": "https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/schedule-2/paragraph-5.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": "schedule/2/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Savings in respect of meetings taking place on or after the commencement date and resolutions by post",
  "text": "(1) This paragraph applies where on or after the commencement date—\n(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;\n(b) a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;\n(c) a meeting at year's end is required by section 105 in the winding up of a company where the resolution to wind up was passed before the commencement date.\n(2) Where paragraph (1) applies, Part 8 of these Rules does not apply and the 1986 Rules relating to the following continue to apply:—\n(a) the requirement to hold the meeting;\n(b) notice and advertisement of the meeting;\n(c) governance of the meeting;\n(d) recording and taking minutes of the meeting;\n(e) the report or return of the meeting;\n(f) membership and formalities of establishment of liquidation and creditors' committees where the resolution to form the committee is passed at the meeting;\n(g) the office-holder's resignation or removal at the meeting;\n(h) the office-holder's release;\n(i) fixing the office-holder's remuneration;\n(j) requests for further information from creditors;\n(k) claims that remuneration is or that other expenses are excessive; and\n(l) complaints about exclusion at the meeting.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "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)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2018/347/schedule/2/paragraph/5",
    "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."
}