C3C4C5PART 15DECISION MAKING
Pt. 15 applied (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 41(a) (with ss. 2(2), 5(2), Sch. 4 para. 12)
Pt. 15 applied in part (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 11(1)(a), 12-16, 29(a), 38 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)
C1C2C6CHAPTER 3Notices, voting and venues for decisions
Pt. 15 Ch. 3 applied (with modifications) (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 3.29 (with rule 1.2)
Pt. 15 Ch. 3 applied (with modifications) (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 3.29 (with rule 1.2)
Pt. 15 Chs. 2, 3 applied (with modifications) (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 30 (with rule 2)
C715
1
Notices of decision procedures, and notices seeking deemed consent, must be delivered in accordance with the following table.
Proceedings | Decisions | Persons to whom notice must be delivered | Minimum notice required |
|---|---|---|---|
F2moratorium under Part A1 of the Act | decision of pre-moratorium creditors under section A11 and decision of creditors required by virtue of an order under section A44(3) | in the case of a decision under section A11 the pre-moratorium creditors, or, where the decision is required by virtue of an order under section A44(3), the creditors | 5 days |
administration | decisions of creditors | the 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 receivership | decisions of creditors | the creditors | 14 days |
creditors' voluntary winding up | decisions 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 creditors | 14 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 court | decisions of creditors to consider whether a replacement should be appointed after a liquidator's resignation | the creditors | 28 days |
winding up by the court | decisions of creditors to consider whether to remove or replace the liquidator (other than after a liquidator's resignation) | the creditors and the official receiver | 14 days |
creditors' voluntary winding up or a winding up by the court | other decisions of creditors | the creditors | 14 days |
winding up by the court | decisions of contributories | every person appearing (by the company's records or otherwise) to be a contributory | 14 days |
proposed CVA | decisions of creditors | the creditors | F3... |
7 days for consideration of proposal where physical meeting requisitioned; | |||
in other cases, 14 days | |||
proposed IVA | decisions of creditors | the creditors | 14 days |
bankruptcy | decisions of creditors to consider whether a replacement should be appointed after the resignation of a trustee | the creditors and the official receiver | 28 days |
bankruptcy | decisions of creditors to consider removing the trustee | the creditors and the official receiver | 14 days |
bankruptcy | decisions 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 creditors | 7 days |
bankruptcy | other decisions of creditors | the creditors | 14 days |
F1. . . | F1. . . | F1. . . | F1. . . |
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.
Pt. 15 applied in part (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 paras. 23(1)(a), 24-28 (with ss. 2(2), 5(2), Sch. 4 para. 12)