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214.—(1) Rule 4.125 (final meeting – winding up by court)) is amended as follows.
(2) In paragraph (1), omit from “; and the liquidator” to the end.
(3) After paragraph (1) insert—
“(1A) The final meeting must not be held unless Rule 4.49D has been complied with; and if for that reason the meeting is not held—
(a)the liquidator must give notice of that fact as soon as reasonably practicable to all to whom notice of the meeting was given, and
(b)fresh notice of the meeting complying with this Rule must be given when Rule 4.49D has been complied with.
(1B) The liquidator—
(a)at least 1 month before the meeting is held must have gazetted a notice of the meeting; and
(b)may advertise the notice in such other manner as the liquidator thinks fit.
(1C) In addition to the standard contents, the notice under paragraph (1B) must state—
(a)who summoned the meeting;
(b)if the meeting was summoned at the request of a creditor, the fact that it was so summoned and the section of the Act under which it was requested;
(c)the purpose for which the meeting is summoned;
(d)the venue fixed for the meeting; and
(e)the time and date by which, and place at which, creditors must lodge proxies and hitherto unlodged proofs in order to be entitled to vote at the meeting.”.
(4) In paragraph (2), at the end of sub-paragraph (a), for “and” substitute—
“including details of remuneration charged and expenses incurred by the liquidator,
(ab)details of the basis fixed for the liquidator’s remuneration, and”.
(5) After paragraph (2A) insert—
“(2B) Where the liquidator has sent a progress report to creditors in accordance with Rule 4.49B, the report to be laid at the final meeting of creditors must also—
(a)contain a receipts and payments account in the form of an abstract showing the receipts and payments during the period since the last progress report, and
(b)include—
(i)details of the remuneration charged and expenses incurred by the liquidator during that period, and
(ii)a description of the things done by the liquidator during that period in respect of which that remuneration was charged and those expenses incurred.
(2C) In any case where the basis of the liquidator’s remuneration had not been fixed by the date to which the last progress report was made up, the receipts and payments account required by paragraph (2B)(a) must also include details of the remuneration charged in the period of any preceding progress report in which details of remuneration were not included.
(2D) Where the basis of remuneration has been fixed as a set amount only, it is sufficient compliance with paragraph (2B)(b) for the liquidator to state the amount which has been set and to supply details of the expenses charged within the period in question.”.
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