The Insolvency (England and Wales) Rules 2016

Notice to company officers, bankrupts etc. in respect of meetings E+W

15.14.—(1) In [F1 a decision procedure in respect of a moratorium under Part A1 of the Act,] a proposal for a CVA, an administration, a creditors' voluntary winding up or a winding up by the court notice to participate in a creditors' meeting must be delivered to every present or former officer of the company whose presence the convener thinks is required and that person is required to attend the meeting.

(2) In a bankruptcy, notice of a meeting must be delivered to the bankrupt who is required to attend the meeting unless paragraph (3) applies.

(3) In a bankruptcy, where the bankrupt is not required to attend the meeting, the notice must state—

(a) that the bankrupt is not required to attend the meeting;

(b) that if the bankrupt wishes to attend, the bankrupt should tell the convener as soon as reasonably practicable;

(c) that whether the bankrupt will be allowed to participate in the meeting is at the discretion of the chair; and

(d) that the decision of the chair as to what intervention, if any, the bankrupt may make is final.

(4) Notices under this rule must be delivered in compliance with the minimum notice requirements set out in rule 15.2(2) or in compliance with an order of the court under rule 15.12.

Textual Amendments

F1 Words in rule 15.14(1) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 69 (with rules 4, 5)

Modifications etc. (not altering text)

C1 Rules 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))