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 |
---|---|---|---|
[F1moratorium under Part A1 of the Act | decision of pre-moratorium creditors under section A11 and decision of creditors required by virtue of an order under section A44(3) | in the case of a decision under section A11 the pre-moratorium creditors, or, where the decision is required by virtue of an order under section A44(3), the creditors | 5 days] |
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 | F2... |
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 |
F3. . . | F3. . . | F3. . . | F3. . . |
(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.
Textual Amendments
F1Words in rule 15.11(1) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 68 (with rules 4, 5)
F2Words in rule 15.11(1) table omitted (1.10.2021) by virtue of The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rule 1, Sch. 2 para. 3 table (with rules 4, 5)
F3Words in rule 15.11(1) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 100 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1Rules 15.2-15.15 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 115-123, Sch. (with rule 2(2))