Rule 7.3 Notice of meeting

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 1.12-1.16E applied 2016 asp 21 s. 14B (as inserted) by Insolvency (Regulation (EU) 2015/848) 2017 reg. 4(8)
rule 7.3(3) words omitted by Insolvency 2009 Sch. para. 12
rule 7.3(3A) words inserted by Insolvency 2009 Sch. para. 13
Rules applied (with modifications) by Building Society Special Administration 2009 rule 38-41
Rules applied (with modifications) by Limited Liability Partnerships 2001 reg. 6(1)
Rules specified provisions applied (with modifications) by Collective Investment in Transferable Securities (Contractual Scheme) 2013 Sch. 4
rule 7.3 applied (with modifications) by Building Society Insolvency 2010 rule 92
rule 7.3(2)(a) substituted by Insolvency 2010 Sch. 1 para. 105

(1)

The convenor shall give not less than 21 days' notice of the date, time and place of the meeting to every person known to him as being entitled to attend the meeting.

(2)

In paragraph (1), for the reference to 21 days, there shall be substituted a reference to 14 days in the following cases: -

(a)

any meeting of the company or of its creditors summoned under section 3 (to consider directors' proposal for voluntary arrangement);

(b)

a meeting of the creditors under section 23(1)(b) or 25(2)(b) (to consider administrator's proposals or proposed revisions); and

(c)

a meeting of creditors under section 67(2) (meeting of unsecured creditors in receivership).

(3)

The convenor may also publish notice of the date, time and place of the meeting in a newspaper circulating in the area of the principal place of business of the company or in such other newspaper as he thinks most appropriate for ensuring that it comes to the notice of the persons who are entitled to attend the meeting. In the case of a creditors' meeting summoned by the administrator under section 23(1)(b), the administrator shall publish such a notice.

(4)

Any notice under this Rule shall state -

(a)

the purpose of the meeting;

(b)

the persons who are entitled to attend and vote at the meeting;

(c)

the effects of Rule 7.9 or, as the case may be, 7.10 (Entitlement to Vote) and of the relevant provisions of Rule 7.12 (Resolutions);

(d)

in the case of a meeting of creditors or contributories, that proxies may be lodged at or before the meeting and the place where they may be lodged; and

(e)

in the case of a meeting of creditors, that claims may be lodged by those who have not already done so at or before the meeting and the place where they may be lodged.

Where a meeting of creditors is summoned specially for the purpose of removing the liquidator in accordance with section 171(2) or 172(2), or of receiving his resignation under Rule 4.28, the notice summoning it shall also include the information required by Rule 4.23(2) or, as the case may be, 4.28(2).

(5)

With the notice given under paragraph (1), the convenor shall also send out a proxy form.

(6)

In the case of any meeting of creditors or contributories, the court may order that notice of the meeting be given by public advertisement in such form as may be specified in the order and not by individual notice to the persons concerned. In considering whether to make such an order, the court shall have regard to the cost of the public advertisement, to the amount of the assets available and to the extent of the interest of creditors or contributories or any particular class of either.