Chapter 16 – Meetings (August 2008)
INTRODUCTION
(July 2010)
There are various situations, which may lead the official receiver to summon meetings. The official receiver may convene first meetings or general meetings. This chapter deals with the circumstances, which may arise, and the processes involved in summoning and holding a meeting.
16.1A Insolvency (Amendment) Rules 2010 – Transitional Provisions
The Insolvency (Amendment) Rules 2010 came into force on 6 April 2010 and have had some effect on meetings procedures. The amendments apply to cases where the petition was presented on or after 6 April 2010 (unless in a liquidation there was a voluntary winding up resolution or certain administration proceedings before this date). Full details of the transitional provisions can be found in schedule 4 to the Insolvency (Amendment) Rules 2010 and a summary is available at Annex A. For the purposes of this chapter reference will only be made to the petition date in the transitional provisions.
The relevant parts or paragraphs have been updated to reflect the rule changes from 6 April 2010 and information is provided to show when they apply.
Due to the volume of changes in respect of the procedure for issuing notices, part 3 of this chapter has been re-issued and the guidance therein should be applied to all post 6 April 2010 petition cases.For cases where the petition was presented before 6 April 2010 the previous rules continue to apply and the guidance and advice in Technical Manual Chapter 16 Part 3 (issued August 2008) may be followed. Chapter 16 Part 3 (issue date August 2008) is attached at Annex B.
16.2 The chapter is divided into the following parts:
Part 1 – Meetings decision (paragraphs 16.5 to 16.15)
Part 2 – Requisitions (paragraphs 16.16 to 16.24)
Part 3 – Notices – post 6 April 2010 petition cases (paragraphs 16.25 to 16.34)
Part 4 – Conduct of meetings (paragraphs 16.35 to 16.61)
Part 5 – Proofs of debt (paragraphs 16.62 to 16.102)
Part 6 – Proxies (paragraphs 16.103 to 16.121)
Part 7 – Voting (paragraphs 16.122 to 16.134)
Part 8 – Liquidation or creditors’ committee (paragraphs 16.135 to 16.143)
Part 9 – Where the insolvent is an authorised deposit taker (paragraphs 16.144 to 16.149)
Part 10 – Partnerships (paragraphs 16.150 to 16.153)
Part 11 – Deceased insolvents (paragraphs 16.154 to 16.155)
Part 12 – Remote meetings (paragraphs 16.156 to 16.164)
16.2A The chapter contains the following annexes:
Annex A – Insolvency (Amendment) Rules 2010 – summary of transitional provisions
Annex B – Notices – pre 6 April 2010 petition cases
Annex C – Acceptable form of wording for ‘blanket’ authority
16.3 The following abbreviations are used in this chapter;
CAR - Case Assessment Review
CAR A - Report to creditors and where relevant contributories
EA2002 - The Enterprise Act 2002
HMRC - HM Revenue and Customs
IAR – Insolvency (Amendment) Rules 2010
IPO - The Insolvent Partnerships Order 1994
LRO – Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010
Throughout this chapter, to avoid unnecessary repetition, the term "meetings" (which normally denotes meetings of creditors and contributories in winding up proceedings), also includes, where appropriate, a meeting of creditors in bankruptcy proceedings.
First meetings summoned by the official receiver in winding up proceedings are known as “the first meeting of creditors” and the “first meeting of contributories” and jointly as “the first meetings in the liquidation”.
The first meeting summoned by the official receiver in bankruptcy proceedings is known as “the first meeting of creditors”.
[On to Part 1 – Meetings decision]