OpenLegislation

Rule 66 Meeting to approve the revised statement of proposalsI1

England and Wales

(1)

This rule applies to a meeting of creditors, a meeting of clients or a meeting of creditors and clients to approve the revisions to the statement of proposals.

(2)

Where the revisions are being approved by a meeting of creditors and clients—

(a)

the creditors and the clients shall vote separately on whether to approve the revisions;

(b)

the revisions shall not be approved unless both classes of voter have voted to approve them; and

(c)

where the revisions are approved by a class of voter subject to a modification, the proposals will not be considered approved by the other class unless that other class has approved the proposals as modified.

(3)

In a special administration (bank insolvency) (and in a special administration (bank administration) if there are depositors) the FSCS shall be entitled to vote as a creditor under this rule and rule 86 has effect with respect to its voting rights.

(4)

In a special administration or a special administration (bank insolvency), where the F1FCA or, where relevant, the PRA has given a direction under regulation 16 and has not withdrawn its direction at the time that the administrator proposes a revision to the statement of proposals, this rule shall not apply.

(5)

In a special administration (bank administration), where the FCA or, where relevant, the PRA has given a direction under regulation 16 and has not withdrawn its direction at the time that the administrator proposes a revision to the statement of proposals—

(a)

if Objective A has not been achieved, paragraph (2)(c) shall not apply; and

(b)

if Objective A has been achieved, this rule shall not apply.

Annotations

Textual amendments

F1

Words in art. 66(4)(5) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 210(a)(b)(xii) (with Sch. 2 para. 211)

Commencement

I1

Rule 66 in force at 30.6.2011, see rule 2