- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/10/2021)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 01/10/2021.
There are currently no known outstanding effects for the The Insolvency (England and Wales) Rules 2016, Paragraph 5.
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5.—(1) This paragraph applies where on or after the commencement date—
(a)a creditors' or contributories' meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the 1986 Rules or the 1986 Act;
(b)a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;
(c)a meeting is to be held as a result of a statement made under paragraph 52(1)(b) of Schedule B1 and a request is made before that date which obliges the administrator to summon an initial creditors' meeting;
(d)a F1... meeting is required by [F2sections 93 or 105] of the 1986 Act M1 in the winding up of a company where the resolution to wind up was passed before 6th April 2010.
(2) Where a meeting is to be held under sub-paragraph (1)(a) to (1)(d), Part 15 of these Rules does not apply and the 1986 Rules relating to the following continue to apply—
(a)the requirement to hold the meeting;
(b)notice and advertisement of the meeting;
(c)governance of the meeting;
(d)recording and taking minutes of the meeting;
(e)the report or return of the meeting;
(f)membership and formalities of establishment of liquidation and creditors' committees where the resolution to form the committee is passed at the meeting;
(g)the office-holder's resignation or removal at the meeting;
(h)the office-holder's release;
(i)fixing the office-holder's remuneration;
F3(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k)hand-over of assets to a supervisor of a voluntary arrangement where the proposal is approved at the meeting;
(l)the notice of the appointment of a supervisor of a voluntary arrangement where the appointment is made at the meeting;
(m)the advertisement of appointment of a trustee in bankruptcy where the appointment is made at the meeting;
(n)claims that remuneration is or that other expenses are excessive; and
(o)complaints about exclusion at the meeting.
(3) Where, before the commencement date, the office-holder sought to obtain a resolution by correspondence under 1986 rule 2.48, 4.63A or 6.88A, the 1986 Rules relating to resolutions by correspondence continue to apply and sub-paragraph (2) applies to any meeting that those rules require the office-holder to summon.
(4) However, any application to the court in respect of such a meeting or vote is to be made in accordance with Part 12 of these Rules.
Textual Amendments
F1Word in Sch. 2 para. 5(1)(d) omitted (6.4.2017) by virtue of The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 45(a)
F2Words in Sch. 2 para. 5(1)(d) substituted (6.4.2017) by The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 45(b)
F3Sch. 2 para. 5(2)(j) omitted (6.4.2017) by virtue of The Insolvency (England and Wales) (Amendment) Rules 2017 (S.I. 2017/366), rules 1, 46
Marginal Citations
M11986 c.45. Article 12 of the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 S.I. 2010/18 saves section 104A of the Act in relation to companies where the resolution to wind up was passed before 6th April 2010.
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