C3C4C5PART 15DECISION MAKING

Annotations:
Modifications etc. (not altering text)
C3

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)

C1C2C6CHAPTER 3Notices, voting and venues for decisions

Annotations:
Modifications etc. (not altering text)
C2

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)

Notice to company officers, bankrupts etc. in respect of meetingsC715

1

In F1a 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.