The Bank Insolvency (Scotland) Rules 2009

PART 14 MEETINGS

Summoning of meetings

97.  Apply rule 7.2 of the 1986 Rules.

Notice of meeting

98.—(1) Apply rule 7.3 of the 1986 Rules(1).

(2) Ignore rule 7.3(2) and (7).

(3) For rule 7.3(3) substitute “The convenor may also publish notice of the date, time and place of the meeting in such newspaper as he thinks most appropriate for ensuring that it comes to the notice of the persons who are entitled to attend the meeting.”.

(4) In rule 7.3(3A) omit “or, in cases” to the end.

(5) In rule 7.3(4), for the words “section 171(2) or 172(2)”, substitute “section 108 of the 2009 Act”.

Chair of meetings

99.—(1) Meetings shall be chaired by the bank liquidator or a person nominated in writing by the bank liquidator.

(2) A person nominated under paragraph (1) must be–

(a) qualified to act as an insolvency practitioner in accordance with section 390 of the 1986 Act; or

(b) an employee of the bank liquidator or of the bank liquidator’s firm who is experienced in insolvency matters.

Meetings requisitioned

100.—(1) Apply rule 7.6(1) to (8) of the 1986 Rules(2).

(2) For rule 7.6(1) substitute “Subject to paragraph (8), this rule applies to any request by a creditor or creditors to a bank liquidator for a meeting of creditors, separate meetings of creditors or contributories or for any other meeting under any other provision of the 1986 Act as applied by the 2009 Act, or these rules.”.

(3) In rule 7.6(3), (4) and (5) ignore “the administrator, or, as the case may be”.

Requisitioned meetings reforming the liquidation committee

101.—(1) Rule 7.6 of the 1986 Act also applies where–

(a) the liquidation committee has ceased to exist at the end of the first meeting of creditors under rule 24 and no further steps have been taken to re-establish that committee; and

(b) the bank liquidator has been requested by no less than one-tenth in value of the bank’s creditors to summon a meeting for the purpose of re-establishing the liquidation committee.

(2) Where a meeting is requisitioned to reform the liquidation committee, the time periods set out in rule 7.6 of the 1986 Rules may be expedited by the bank liquidator on request of the bank’s creditors.

(3) The bank liquidator shall give notice of the meeting to the FSA and the Bank of England.

(4) Rule 24(1), (2) and (3) shall then apply at this meeting as it were the first meeting of the creditors.

Quorum

102.  Apply rule 7.7 of the 1986 Rules(3).

Adjournment

103.  Apply rule 7.8(1) to (6) of the 1986 Rules(4).

Entitlement to vote (creditors)

104.  Apply rule 7.9(1) to (3) of the 1986 Rules(5).

Entitlement to vote (members and contributories)

105.  Apply rule 7.10 of the 1986 Rules(6).

Chair of meeting as proxy holder

106.  Apply rule 7.11(1) of the 1986 Rules.

Resolutions

107.  Apply rule 7.12 of the 1986 Rules(7).

Report of meeting

108.  Apply rule 7.13 of the 1986 Rules.

Application under section 176A(5) to disapply section 176A

109.  Apply rule 7.13A of the 1986 Rules.

Notice of order under section 176A(5)

110.—(1) Apply rule 7.13B of the 1986 Rules.

(2) In rule 7.13B(1)(b) omit the words “receiver or”.

Definition of “proxy”

111.  Apply rule 7.14 of the 1986 Rules(8).

Form of proxy

112.  Apply rule 7.15 of the 1986 Rules.

Use of proxy at meeting

113.  Apply rule 7.16 of the 1986 Rules(9).

Retention of proxies

114.  Apply rule 7.17 of the 1986 Rules.

Right of inspection

115.—(1) Apply rule 7.18 of the 1986 Rules(10).

(2) In rule 7.18(1)(b) for the words “a company’s members or”, substitute “the company’s”.

(3) For rule 7.18 (2) substitute–

“(2) The reference in paragraph (1) to creditors is to those creditors whose claims have been accepted in whole or in part but does not include a person whose claim has been wholly rejected for purposes of voting, dividend or otherwise.”.

Proxy holder with financial interest

116.  Apply rule 7.19 of the 1986 Rules(11).

Representation of corporations

117.—(1) Apply rule 7.20 of the 1986 Rules(12).

(2) In rule 7.20(1) the reference to section 375 of the Companies Act should be read as section 323 of the Companies Act 2006(13).

(3) For rule 7.20(2), substitute “The copy resolution must be signed or subscribed by or on behalf of the bank in accordance with the provisions of the Requirements of Writing (Scotland) Act 1995(14) or certified by the secretary or director of the bank to be a true copy.”.

(1)

Rule 7.3 was amended by paragraph 35 of Schedule 1(I) to S.I. 1987/1921, and paragraph 7 of Schedule 2 to S.I. 2003/2111.

(2)

Rule 7.6 was amended by paragraph 38 of Schedule 1(I) to S.I. 1987/1921, and paragraph 8 of Schedule 2(1) to S.I. 2003/2111.

(3)

Rule 7.7 was amended by paragraph 39 of Schedule 1(I) to S.I. 1987/1921.

(4)

Rule 7.8 was amended by paragraph 40 of Schedule 1(I) to S.I. 1987/1921.

(5)

Rule 7.9 was amended by paragraph 9 of Schedule 2 to S.I. 2003/2111.

(6)

Rule 7.10 was amended by paragraph 17 of Schedule 1(2) to S.I. 2002/2709.

(7)

Rule 7.12 was amended by paragraph 41 of Schedule 1(I) to S.I. 1987/1921.

(8)

Rule 7.14 was amended by paragraph 42 of Schedule 1(I) to S.I. 1987/1921.

(9)

Rule 7.16 was amended by paragraph 43 of Schedule 1(I) to S.I. 1987/1921.

(10)

Rule 7.18 was amended by paragraph 44 of Schedule 1(I) to S.I. 1987/1921.

(11)

Rule 7.19 was amended by paragraph 45 of Schedule 1(I) to S.I. 1987/1921.

(12)

Rule 7.20 was amended by paragraph 46 of Schedule 1(I) to S.I. 1987/1921.

(13)

2006 c.46.

(14)

1995 c.7.