Paragraph 14
Before the entry relating to Schedule 1 to the 1986 Act (powers of the administrator or administrative receiver) insert—
“
Provisions Modifications Schedule A1f1 Paragraph 6 sub-paragraph (1) For “directors of a company wish” substitute “limited liability partnership wishes”.
For “they” substitute “the designated members of the limited liability partnership”.
sub-paragraph (2) For “directors” substitute “the designated members of the limited liability partnership”.
In sub-paragraph (c), for “meetings of the company and” substitute “a meeting of”.
Paragraph 7 sub-paragraph (1) For “directors of a company” substitute “designated members of the limited liability partnership”.
In sub-paragraph (e)(iii), for “meetings of the company and” substitute “a meeting of”.
Paragraph 8 sub-paragraph (2) For “meetings” substitute “meeting”.
For “are” substitute “is”.
Omit the words in parenthesis.
sub-paragraph (3) For “either of those meetings” substitute “the meeting”.
For “those meetings were” substitute “that meeting was”.
Omit the words in parenthesis.
sub-paragraph (4) For “either” substitute “the”. sub-paragraph (6)(c) For “one or both of the meetings” substitute “the meeting”. Paragraph 9 sub-paragraph (1) For “directors” substitute “designated members of the limited liability partnership”. sub-paragraph (2) For “directors” substitute “designated members of the limited liability partnership”. Paragraph 12 sub-paragraph (1)(b) Omit. sub-paragraph (1)(c) For “resolution may be passed” substitute “determination that it may be wound up may be made”. sub-paragraph (2) For “transfer of shares” substitute “any transfer by a member of the limited liability partnership of his interest in the property of the limited liability partnership”. Paragraph 20 sub-paragraph (8) For “directors” substitute “designated members of the limited liability partnership”. sub-paragraph (9) For “directors” substitute “designated members of the limited liability partnership”. Paragraph 24 sub-paragraph (2) For “directors” substitute “designated members of the limited liability partnership”. Paragraph 25 sub-paragraph (2)(c) For “directors” substitute “designated members of the limited liability partnership”. Paragraph 26 sub-paragraph (1) Omit “, director”. Paragraph 29 sub-paragraph (1) For “meetings of the company and its creditors” substitute “a meeting of the creditors of the limited liability partnership”. Paragraph 30 sub-paragraph (1) For “meetings” substitute “meeting”. new sub-paragraph (2A) Insert new sub-paragraph (2A) as follows—
“(2A)If modifications to the proposal are proposed at the meeting the chairman of the meeting shall, before the conclusion of the meeting, ascertain from the limited liability partnership whether or not it accepts the proposed modifications; and if at that conclusion the limited liability partnership has failed to respond to a proposed modification it shall be presumed not to have agreed to it.”.
sub-paragraph (3) For “either” substitute “the”.
After “the result of the meeting” in the first place where it occurs insert “(including, where modifications to the proposal were proposed at the meeting, the response to those proposed modifications made by the limited liability partnership)”.
At the end add “and to the limited liability partnership”.
Paragraph 31 sub-paragraph (1) For “meetings” substitute “meeting”. sub-paragraph (7) For “directors of the company” substitute “designated members of the limited liability partnership”.
For “meetings (or either of them)” substitute “meeting”.
For “ directors” substitute “limited liability partnership”.
For “those meetings” substitute “that meeting”.
Paragraph 32 sub-paragraph (2) For sub-paragraphs (a) and (b) substitute “with the day on which the meeting summoned under paragraph 29 is first held.”. Paragraph 36 sub-paragraph (2) For sub-paragraph (2) substitute—
“(2)The decision has effect if, in accordance with the rules, it has been taken by the creditors' meeting summoned under paragraph 29.”.
sub-paragraph (3) Omit. sub-paragraph (4) Omit. sub-paragraph (5) Omit. Paragraph 37 sub-paragraph (5) For “each of the reports of the meetings” substitute “the report of the meeting”. Paragraph 38 sub-paragraph (1)(a) For “one or both of the meetings” substitute “the meeting”. sub-paragraph (1)(b) For “either of those meetings” substitute “the meeting”. sub-paragraph (2)(a) For “either of the meetings” substitute “the meeting”.
After sub-paragraph (2)(a) insert new (aa) as follows—
“(aa)any member of the limited liability partnership;”.
sub-paragraph (2)(b) Omit “creditors'”. sub-paragraph (3)(a) For “each of the reports” substitute “the report”. sub-paragraph (3)(b) Omit “creditors'”. sub-paragraph (4)(a)(ii) Omit “in question”. sub-paragraph (4)(b)(i) For “further meetings” substitute “a further meeting” and for “directors” substitute “limited liability partnership”. sub-paragraph (4)(b)(ii) Omit “company or (as the case may be) creditors'”. sub-paragraph (5) For “directors do” substitute “limited liability partnerships does”. Paragraph 39 sub-paragraph (1) For “one or both of the meetings” substitute “the meeting”. Schedule B1f2 Paragraph 2 sub-paragraph (c) For “company or its directors” substitute “limited liability partnership”. Paragraph 8 sub-paragraph (1)(a) For “resolution for voluntary winding up” substitute “determination to wind up voluntarily”. Paragraph 9 Omit. Paragraph 12 sub-paragraph (1)(b) Omit. Paragraph 22 For sub-paragraph (1) substitute—
“(1)A limited liability partnership may appoint an administrator.”.
Omit sub-paragraph (2).
Paragraph 23 sub-paragraph (1)(b) Omit “or its directors”. Paragraph 42 sub-paragraph (2) For “resolution may be passed for the winding up of” substitute “determination to wind up voluntarily may be made by”. Paragraph 61 For paragraph 61 substitute—
“61The administrator has power to prevent any person from taking part in the management of the business of the limited liability partnership and to appoint any person to be a manager of that business.”.
Paragraph 62 At the end add the following—
“Subsections (3) and (4) of section 92 shall apply for the purposes of this paragraph as they apply for the purposes of that section.”.
Paragraph 83 sub-paragraph (6)(b) For “resolution for voluntary winding up” substitute “determination to wind up voluntarily”. sub-paragraph (8)(b) For “passing of the resolution for voluntary winding up” substitute “determination to wind up voluntarily”. sub-paragraph (8)(e) For “passing of the resolution for voluntary winding up” substitute “determination to wind up voluntarily”. Paragraph 87 sub-paragraph (2)(b) Insert at the end “or”. sub-paragraph (2)(c) Omit “, or”. sub-paragraph (2)(d) Omit the words from “(d)” to “company”. Paragraph 89 sub-paragraph (2)(b) Insert at the end “or”. sub-paragraph (2)(c) Omit “, or”. sub-paragraph (2)(d) Omit the words from “(d)” to “company”. Paragraph 91 sub-paragraph (1)(c) Omit. Paragraph 94 Omit. Paragraph 95 For “to 94” substitute “and 93”. Paragraph 97 sub-paragraph (1)(a) Omit “or directors”. Paragraph 103 sub-paragraph (5) Omit. Paragraph 105 Omit. ”.
Annotations
Footnotes
- f1
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Schedule A1 was inserted by section 1 of, and paragraph 4 of Schedule 1 to, the Insolvency Act 2000.
- f2
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Schedule B1 was inserted by section 248 of, and Schedule 16 to, the Enterprise Act 2002.