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)
Notices to creditors of decision procedureC715
1
This rule sets out the requirements for notices to creditors where a decision is sought by a decision procedure.
2
The convener must deliver a notice to every creditor who is entitled to notice of the procedure.
3
The notice must contain the following—
a
identification details for the proceedings;
b
details of the decision to be made or of any resolution on which a decision is sought;
c
a description of the decision procedure which the convener is using, and arrangements, including the venue, for the decision procedure;
d
a statement of the decision date;
e
F1... a statement of by when the creditor must have delivered a proof in respect of the creditor's claim in accordance with these Rules failing which a vote by the creditor will be disregarded;
f
F4except in the case of a decision procedure in respect of a moratorium under Part A1 of the Act a statement that a creditor whose debt is treated as a small debt in accordance with rule 14.31(1) must still deliver a proof if that creditor wishes to vote;
g
F5except in the case of a decision procedure in respect of a moratorium under Part A1 of the Act a statement that a creditor who has opted out from receiving notices may nevertheless vote if the creditor provides a proof in accordance with paragraph (e);
h
i
j
in the case of a decision in relation to a proposed CVA or IVA, a statement of the effects of the relevant provisions of the following—
i
rule 15.28 about creditors' voting rights,
ii
rule 15.31 about the calculation of creditors' voting rights, and
iii
rule 15.34 about the requisite majority of creditors for making decisions;
k
except in the case of a physical meeting, a statement that creditors who meet the thresholds in sections 246ZE(7) or 379ZA(7) may, within five business days from the date of delivery of the notice, require a physical meeting to be held to consider the matter;
l
in the case of a meeting, a statement that any proxy must be delivered to the convener or chair before it may be used at the meeting;
m
in the case of a meeting, a statement that, where applicable, a complaint may be made in accordance with rule 15.38 and the period within which such a complaint may be made; and
n
a statement that a creditor may appeal a decision in accordance with rule 15.35, and the relevant period under rule 15.35 within which such an appeal may be made.
4
The notice must be authenticated and dated by the convener.
5
Where the decision procedure is a meeting the notice must be accompanied by a blank proxy complying with rule 16.3.
6
This rule does not apply if 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)