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37.—(1) This rule applies where—
(a)the court has made an order under rule 40 directing the building society liquidator to summon a meeting of creditors for the purpose of the building society liquidator’s removal; and
(b)the liquidation committee has passed a full payment resolution.
(2) A copy of the notice summoning the meeting shall be sent to the Bank of England and the FSA.
(3) Where a meeting of creditors is summoned especially for the purpose of removing the building society liquidator, the notice summoning it shall draw attention to section 109 of the Banking Act with respect to the building society liquidator’s release.
(4) At the meeting, a person other than the building society liquidator or the building society’s liquidator’s nominee may be elected to act as chair; but if the building society liquidator or the building society’s liquidator’s nominee is chair and a resolution has been proposed for the building society liquidator’s removal, the chair shall not adjourn the meeting without the consent of at least one-half (in value) of the creditors present (in person or by proxy) and entitled to vote.
(5) Where a meeting is to be held or is proposed to be summoned for the purpose of removal of the building society liquidator, the court may, on the application of any creditor, give directions as to the mode of summoning it, the sending out and return of forms of proxy, the conduct of the meeting, and any other matter which appears to the court to require regulation or control under this rule.
(6) The Bank of England and the FSA shall have the opportunity to make representations at the meeting.
(7) Where, at a meeting held under this rule, the building society liquidator is removed, another building society liquidator may be appointed in accordance with rule 32.
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