Paragraph 7 Savings in respect of final meetings taking place on or after the commencement dateF1

(1)

This paragraph applies where—

(a)

before the commencement date—

(i)

a final report to creditors is sent under rule 4.49D of the 1986 Rules (final report to creditors in liquidation),

(ii)

a final report to creditors and bankrupt is sent under rule 6.78B of the 1986 Rules (final report to creditors and bankrupt), or

(iii)

a meeting is called under sections 94, 106, 146 or 331 of the 1986 Act (final meeting); and

(b)

a meeting under section 94, 106, 146 or 331 of the 1986 Act is held on or after the commencement date.

(2)

Where this paragraph applies, 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 form and content of the final report;

(f)

the office-holder’s resignation or removal;

(g)

the office-holder’s release;

(h)

fixing the office-holder’s remuneration;

(i)

requests for further information from creditors;

(j)

claims that remuneration is or other expenses are excessive; and

(k)

complaints about exclusion at the meeting.

(3)

However, any application to the court in respect of such a meeting 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