C2C3C4PART 5DECISION MAKING
Pt. 5 applied (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 81(a) (with ss. 2(2), 5(2), Sch. 4 para. 52)
Pt. 5 applied in part (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 48-53, 66(a), 74 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)
C1CHAPTER 3Notices, voting and venues for decisions
Pt. 5 Chs. 1-9 applied in part (with modifications) (6.4.2019) by The Insolvency (Scotland) (Receivership and Winding up) Rules 2018 (S.S.I. 2018/347), rules 1, 11.10(3)
5
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 decisions 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 |
proposed CVA | decisions of creditors | the creditors | F3... 7 days for consideration of proposal where physical meeting requisitioned; in other cases, 14 days |
F1. . . | F1. . . | F1. . . | F1. . . |
2
This rule does not apply where the court orders under rule 5.12 that notice of a decision procedure be given by advertisement only.
Pt. 5 applied in part (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 paras. 63(1)(a), 64-68 (with ss. 2(2), 5(2), Sch. 4 para. 52)