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The Insolvency (England and Wales) Rules 2016

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Changes over time for: CHAPTER 6

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CHAPTER 6E+WConstitution of meetings

Quorum at meetingsE+W

15.20.—(1) A meeting is not competent to act unless a quorum is in attendance.

(2) A quorum is—

(a)in the case of a meeting of creditors, at least one creditor entitled to vote; and

(b)in the case of a meeting of contributories, at least two contributories entitled to vote, or all the contributories, if their number does not exceed two.

(3) Where the provisions of this rule as to quorum are satisfied by the attendance of the chair alone or the chair and one additional person, but the chair is aware, either by virtue of proofs and proxies received or otherwise, that one or more additional persons would, if attending, be entitled to vote, the chair must delay the start of the meeting by at least 15 minutes after the appointed time.

Modifications etc. (not altering text)

Chair at meetingsE+W

15.21.— The chair of a meeting must be—

(a)the convener;

(b)an appointed person; or

(c)in cases where the convener is the official receiver, a person appointed by the official receiver.

[F1(2) However, where a decision on the appointment of a liquidator under rule 6.14(2)(b), 6.14(4) or 6.14(6) is made by a meeting or a virtual meeting, the chair of the meeting must be the convener.]

Textual Amendments

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The chair – attendance, interventions and questionsE+W

15.22.  The chair of a meeting may—

(a)allow any person who has given reasonable notice of wishing to attend to participate in a virtual meeting or to be admitted to a physical meeting;

(b)decide what intervention, if any, may be made at—

(i)a meeting of creditors by any person attending who is not a creditor, or

(ii)a meeting of contributories by any person attending who is not a contributory; and

(c)decide what questions may be put to—

(i)any present or former officer of the company, or

(ii)the bankrupt or debtor.

Modifications etc. (not altering text)

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