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Insolvency Act 1986

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Changes over time for: Cross Heading: Remote attendance at meetings

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Version Superseded: 08/07/2021

Status:

Point in time view as at 01/12/2020.

Changes to legislation:

Insolvency Act 1986, Cross Heading: Remote attendance at meetings is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1Remote attendance at meetingsE+W+S

Textual Amendments

246ARemote attendance at meetingsE+W+S

(1)Subject to subsection (2), this section [F2applies to any meeting of the members of a company summoned by the office-holder under this Act or the rules, other than a meeting of the members of the company in a members' voluntary winding up.]

(2)[F3This section does not apply where—

(a)a company is being wound up in Scotland, or

(b)a receiver is appointed under section 51 in Chapter 2 of Part 3.]

(3)Where the person summoning a meeting (“the convener”) considers it appropriate, the meeting may be conducted and held in such a way that persons who are not present together at the same place may attend it.

(4)Where a meeting is conducted and held in the manner referred to in subsection (3), a person attends the meeting if that person is able to exercise any rights which that person may have to speak and vote at the meeting.

(5)For the purposes of this section—

(a)a person is able to exercise the right to speak at a meeting when that person is in a position to communicate to all those attending the meeting, during the meeting, any information or opinions which that person has on the business of the meeting; and

(b)a person is able to exercise the right to vote at a meeting when—

(i)that person is able to vote, during the meeting, on resolutions put to the vote at the meeting, and

(ii)that person's vote can be taken into account in determining whether or not such resolutions are passed at the same time as the votes of all the other persons attending the meeting.

(6)The convener of a meeting which is to be conducted and held in the manner referred to in subsection (3) shall make whatever arrangements the convener considers appropriate to—

(a)enable those attending the meeting to exercise their rights to speak or vote, and

(b)ensure the identification of those attending the meeting and the security of any electronic means used to enable attendance.

(7)Where in the reasonable opinion of the convener—

(a)a meeting will be attended by persons who will not be present together at the same place, and

(b)it is unnecessary or inexpedient to specify a place for the meeting,

any requirement under this Act or the rules to specify a place for the meeting may be satisfied by specifying the arrangements the convener proposes to enable persons to exercise their rights to speak or vote.

(8)In making the arrangements referred to in subsection (6) and in forming the opinion referred to in subsection (7)(b), the convener must have regard to the legitimate interests of the [F4members] and others attending the meeting in the efficient despatch of the business of the meeting.

(9)If—

(a)the notice of a meeting does not specify a place for the meeting,

(b)the convener is requested in accordance with the rules to specify a place for the meeting, and

(c)that request is [F5made] by members representing not less than ten percent of the total voting rights of all the members having at the date of the request a right to vote at the meeting,

it shall be the duty of the convener to specify a place for the meeting.

(10)In this section, “the office-holder”, in relation to a company, means—

[F6(za)the monitor in relation to a moratorium under Part A1,]

(a)its liquidator, provisional liquidator, administrator, [F7receiver (appointed under section 51)] or administrative receiver, or

(b)where a voluntary arrangement in relation to the company is proposed or has taken effect under Part 1, the nominee or the supervisor of the voluntary arrangement.]

Textual Amendments

F2Words in s. 246A(1) substituted (26.5.2015 for specified purposes, 6.4.2017 for E.W. in so far as not already in force, 6.4.2019 for S. in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 9 para. 54(2); S.I. 2015/1329, reg. 3(d); S.I. 2016/1020, reg. 4(e) (with reg. 5) (as amended by S.I. 2017/363, reg. 3); S.I. 2019/816, reg. 4(c) (with reg. 5)

F4Word in s. 246A(8) substituted (26.5.2015 for specified purposes, 6.4.2017 for E.W. in so far as not already in force, 6.4.2019 for S. in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 9 para. 54(3); S.I. 2015/1329, reg. 3(d); S.I. 2016/1020, reg. 4(e) (with reg. 5) (as amended by S.I. 2017/363, reg. 3); S.I. 2019/816, reg. 4(c) (with reg. 5)

F5Word in s. 246A(9)(c) substituted (26.5.2015 for specified purposes, 6.4.2017 for E.W. in so far as not already in force, 6.4.2019 for S. in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 9 para. 54(4); S.I. 2015/1329, reg. 3(d); S.I. 2016/1020, reg. 4(e) (with reg. 5) (as amended by S.I. 2017/363, reg. 3); S.I. 2019/816, reg. 4(c) (with reg. 5)

F7Words in s. 246A(10)(a) inserted (S.) (1.10.2017 for specified purposes) by The Public Services Reform (Corporate Insolvency and Bankruptcy) (Scotland) Order 2017 (S.S.I. 2017/209), arts. 1(3), 5(b)

Modifications etc. (not altering text)

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