# The Insolvency (Scotland) (Receivership and Winding up) Rules 2018, 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 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.

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Source: https://www.legislation.gov.uk/ssi/2018/347/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.