Notice of decision procedures or of seeking deemed consent: when and to whom delivered
This
adran has no associated
Memorandwm Esboniadol
15.11.—(1) Notices of decision procedures, and notices seeking deemed consent, must be delivered in accordance with the following table.
Proceedings | Decisions | Persons to whom notice must be delivered | Minimum notice required |
---|---|---|---|
administration | decisions of creditors | the creditors who had claims against the company at the date when the company entered administration (except for those who have subsequently been paid in full) | 14 days |
administrative receivership | decisions of creditors | the creditors | 14 days |
creditors’ voluntary winding up | decisions of creditors for appointment of liquidator (including any decision made at the same time on the liquidator’s remuneration or the establishment of a liquidation committee) | the creditors | 14 days on conversion from members’ voluntary liquidation, 7 days on conversion from member’s voluntary liquidation where deemed consent has been objected to and in other cases, 3 business days |
creditors’ voluntary winding up or a winding up by the court | decisions of creditors to consider whether a replacement should be appointed after a liquidator’s resignation | the creditors | 28 days |
winding up by the court | decisions of creditors to consider whether to remove or replace the liquidator (other than after a liquidator’s resignation) | the creditors and the official receiver | 14 days |
creditors’ voluntary winding up or a winding up by the court | other decisions of creditors | the creditors | 14 days |
winding up by the court | decisions of contributories | every person appearing (by the company’s records or otherwise) to be a contributory | 14 days |
proposed CVA | decisions of creditors | the creditors | 7 days for a decision on proposed modifications to the proposal from the company’s directors under paragraph 31(7) of Schedule A1(1); |
7 days for consideration of proposal where physical meeting requisitioned; | |||
in other cases, 14 days | |||
proposed IVA | decisions of creditors | the creditors | 14 days |
bankruptcy | decisions of creditors to consider whether a replacement should be appointed after the resignation of a trustee | the creditors and the official receiver | 28 days |
bankruptcy | decisions of creditors to consider removing the trustee | the creditors and the official receiver | 14 days |
bankruptcy | decisions of creditors on appointment of new trustee following removal of previous trustee (including any decision made at the same time on the establishment of a creditors’ committee) | the creditors | 7 days |
bankruptcy | other decisions of creditors | the creditors | 14 days |
(2) This rule does not apply where the court orders under rule 15.12 that notice of a decision procedure be given by advertisement only.
(1)
Paragraph 31(7) is amended by paragraph 9(18) of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).