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PART 15E+WDECISION MAKING

CHAPTER 12E+WCompany meetings

Company meetingsE+W

15.41.—(1) Unless the Act or these Rules provide otherwise, a company meeting must be called and conducted, and records of the meeting must be kept—

(a)in accordance with the law of England and Wales, including any applicable provision in or made under the Companies Act, in the case of a company incorporated—

(i)in England and Wales, or

(ii)outside the United Kingdom other than in an EEA state;

(b)in accordance with the law of that state applicable to meetings of the company in the case of a company incorporated in an EEA state other than the United Kingdom.

(2) For the purpose of this rule, reference to a company meeting called and conducted to resolve, decide or determine a particular matter includes a reference to that matter being resolved, decided or determined by written resolution of a private company passed in accordance with section 288 of the Companies Act M1.

(3) In an administration—

(a)in summoning any company meeting the administrator must have regard to the convenience of the members when fixing the venue; and

(b)the chair of the meeting must be either the administrator or an appointed person.

Marginal Citations