PART 15E+WDECISION MAKING

CHAPTER 3E+WNotices, voting and venues for decisions

15.11.—(1) Notices of decision procedures, and notices seeking deemed consent, must be delivered in accordance with the following table.

ProceedingsDecisionsPersons to whom notice must be deliveredMinimum notice required
administrationdecisions of creditorsthe 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 receivershipdecisions of creditorsthe creditors14 days
creditors' voluntary winding updecisions 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 creditors14 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 courtdecisions of creditors to consider whether a replacement should be appointed after a liquidator's resignationthe creditors28 days
winding up by the courtdecisions of creditors to consider whether to remove or replace the liquidator (other than after a liquidator's resignation)the creditors and the official receiver14 days
creditors' voluntary winding up or a winding up by the courtother decisions of creditorsthe creditors14 days
winding up by the courtdecisions of contributoriesevery person appearing (by the company's records or otherwise) to be a contributory14 days
proposed CVAdecisions of creditorsthe creditors7 days for a decision on proposed modifications to the proposal from the company's directors under paragraph 31(7) of Schedule A1 M1;
7 days for consideration of proposal where physical meeting requisitioned;
in other cases, 14 days
proposed IVAdecisions of creditorsthe creditors14 days
bankruptcydecisions of creditors to consider whether a replacement should be appointed after the resignation of a trusteethe creditors and the official receiver28 days
bankruptcydecisions of creditors to consider removing the trusteethe creditors and the official receiver14 days
bankruptcydecisions 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 creditors7 days
bankruptcyother decisions of creditorsthe creditors14 days
[F1Main proceedings in another member State Approval under Article 36(5) of the EU Regulation of proposed undertaking offered by a member State liquidatorall the local creditors in the United Kingdom14 days]

(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

Marginal Citations

M1Paragraph 31(7) is amended by paragraph 9(18) of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).