Paragraph 10 Meeting of creditors and clients to approve statement
United Kingdom
This paragraph applies after the administrator has sent the statement of proposals to the persons listed in paragraph 9(1) unless (subject to sub-paragraph (6)) F1a regulator has given a direction under regulation 16 and the direction has not been withdrawn.
Paragraph 50 of Schedule B1 applies save that—
in sub-paragraph (1), the administrator shall invite the clients to the meeting of creditors and the clients shall be given the prescribed period of notice under sub-paragraph (1)(b); and
the F2FCA and, where the investment bank concerned is a PRA-authorised person, the PRA may appoint a person to attend a meeting of creditors and make representations as to any matter for decision.
Paragraph 51 of Schedule B1 applies save that—
the reference to paragraph 49(4)(b) is to paragraph 9(1) of this Schedule; and
each copy of the statement sent to a client or to F3a regulator under paragraph 9(1) of this Schedule must be accompanied by an invitation to the initial creditor's meeting.
If the meeting of creditors is unable to approve the statement, the administrator may apply to court for an order dispensing with the need for the approval of the meeting of creditors, and paragraph 14 applies.
Where, before F6a regulator gives a direction under regulation 16, a meeting of creditors has already approved the statement under this paragraph, when F7that regulator gives its direction a new statement shall be drawn up in accordance with paragraphs 7 to 9 to replace the statement that has already been approved.
For the purposes of this paragraph—
paragraphs 51 and 53 of Schedule B1, as applied by this paragraph, have effect without the amendments of those paragraphs made by paragraph 10(4), (5) and (8) to (10) of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (further amendments relating to the abolition of requirements to hold meetings);
ignore paragraph 10(3) of Schedule 9 to that Act (omission of paragraph 50 of Schedule B1).
Annotations
Textual amendments
- F1
Words in Sch. 2 para. 10(1) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(v)(aa) (with Sch. 2 para. 213)
- F2
Words in Sch. 2 para. 10(2)(b) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(v)(bb) (with Sch. 2 para. 213)
- F3
Words in Sch. 2 para. 10(3)(b) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(v)(cc) (with Sch. 2 para. 213)
- F4
Words in Sch. 2 para. 10(4) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(v)(dd)(ee) (with Sch. 2 para. 213)
- F5
Words in Sch. 2 para. 10(4) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(v)(dd)(ff) (with Sch. 2 para. 213)
- F6
Words in Sch. 2 para. 10(6) substituted (1.4.2013) by virtue of The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(v)(gg)(hh) (with Sch. 2 para. 213)
- F7
Words in Sch. 2 para. 10(4) substituted (1.4.2013) by virtue of The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(v)(gg)(ii) (with Sch. 2 para. 213)
- F8
Sch. 2 para. 10(7) inserted (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 13(6)(a)