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Paragraph 6 Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondenceF1

(1)

This paragraph applies where in relation to a limited liability partnership 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 1986 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 is to be held as a result of a statement made under paragraph 52(1)(b) of Schedule B1 to the 1986 Act and a request is made before that date which obliges the administrator to summon an initial creditors’ meeting; or

(d)

a meeting is required by sections 93 or 105 of the 1986 Act in the winding up of a limited liability partnership where the resolution to wind up was passed before 6th April 2010.

(2)

Where a meeting referred to in sub-paragraph (1)(a) to (d) is held in relation to a limited liability partnership, Part 15 of the 2016 Rules does not apply and the provisions of 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 a 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)

hand-over of assets to a supervisor of a voluntary arrangement where the proposal is approved at the meeting;

(k)

the notice of the appointment of a supervisor of a voluntary arrangement where the appointment is made at the meeting;

(l)

claims that remuneration is or that other expenses are excessive; and

(m)

complaints about exclusion at the meeting.

(3)

Where in relation to a limited liability partnership, before the commencement date, the office-holder seeks to obtain the passing of a resolution by correspondence under rule 2.48, 4.63A or 6.88A of the 1986 Rules—

(a)

the relevant provisions of the 2016 Rules do not apply;

(b)

the provisions of the 1986 Rules relating to resolutions by correspondence continue to apply; and

(c)

the provisions of the 1986 Rules referred to in sub-paragraph (2) of this paragraph apply in relation to any meeting that those provisions require the office-holder to summon.

(4)

However, any application to the court in respect of a meeting or vote to which this paragraph applies is to be made in accordance with Part 12 of the 2016 Rules.

Annotations

Textual amendments

F1

Sch. 7 inserted (E.W.) (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 1 para. 55