PART 17CREDITORS' AND LIQUIDATION COMMITTEES
CHAPTER 3Membership and formalities of formation of a committee
Establishment of committees17
1
Where the creditors, or where applicable, contributories, decide that a creditors' or liquidation committee should be established, the convener or chair of the decision procedure F1or convener of the deemed consent process (if not the office-holder) must—
a
as soon as reasonably practicable deliver a notice of the decision to the office-holder (or to the person appointed as office-holder); and
b
where a decision has also been made as to membership of the committee, inform the office-holder of the names and addresses of the persons elected to be members of the committee.
2
Before a person may act as a member of the committee that person must agree to do so.
3
A person's proxy-holder attending a meeting establishing the committee or, in the case of a corporation, its duly appointed representative, may give such agreement (unless the proxy or instrument conferring authority contains a statement to the contrary).
4
Where a decision has been made to establish a committee but not as to its membership, the office-holder must seek a decision from the creditors (about creditor members of the committee) and, where appropriate in a winding up by the court, a decision from contributories (about contributory members of the committee).
F25
The committee is not established (and accordingly cannot act) until the office-holder has sent a notice of its membership in order to comply with paragraph (9) or (10).
6
The notice must contain the following—
a
a statement that the committee has been duly constituted;
b
identification details for any company that is a member of the committee;
c
the full name and address of each member that is not a company.
7
The notice must be authenticated and dated by the office-holder.
8
The notice must be delivered as soon as reasonably practicable after the minimum number of persons required by rule 17.3 have agreed to act as members and been elected.
9
Where the notice relates to a liquidation committee or a creditors' committee other than in a bankruptcy the office-holder must, as soon as reasonably practicable, deliver the notice to the registrar of companies.
10
Where the notice relates to a creditors' committee in a bankruptcy the office-holder must, as soon as reasonably practicable—
a
in bankruptcy proceedings based on a petition file the notice with the court; and
b
in bankruptcy proceedings based on a bankruptcy application deliver the notice to the official receiver.