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Article 37 Venue and conduct of company meeting

Original text. Later amendments are not shown.

(1)

Where the SMCL administrator summons a meeting of members of the SMCL, the SMCL administrator must fix a venue for it having regard to their convenience.

(2)

The chair of the meeting must be the SMCL administrator or a person nominated by the SMCL administrator in writing to act in the SMCL administrator’s place.

(3)

A person so nominated must be either—

(a)

one who is qualified to act as an insolvency practitioner in relation to the SMCL, or

(b)

an employee of the SMCL administrator or the SMCL administrator’s firm who is experienced in insolvency matters.

(4)

If within 30 minutes from the time fixed for commencement of the meeting there is no person present to act as chair, the meeting stands adjourned to the same time and place in the following week or, if that day is not a business day, to the business day immediately following.

(5)

Subject to anything to the contrary in the 1986 Act and these Rules, the meeting must be summoned and conducted—

(a)

in accordance with the law of England and Wales, including any applicable provision in or made under the Companies Act 2006, in the case of an SMCL incorporated—

(i)

in England and Wales; or

(ii)

outside the United Kingdom other than in an EEA state;

(b)

in accordance with the law of the state applicable to meetings of the SMCL, in the case of an SMCL incorporated in an EEA state other than the United Kingdom.

(6)

The chair of the meeting must ensure that minutes of its proceedings are entered in the SMCL’s minute book.