PART 3
NOTICES
(August 2008)
NOTE: THIS PART IS ONLY APPLICABLE IN RELATION TO CASES WHERE THE PETITION WAS PRESENTED BEFORE 6 APRIL 2010 (OR WHERE A RESOLUTION FOR VOLUNTARY LIQUIDATION OR CERTAIN ADMINISTRATION PROCEEDINGS OCCURRED BEFORE THAT DATE – see Annex A).
Where it is necessary to use a place other than the official receiver’s office for the holding of meetings, consideration should be given to where the majority of the creditors (and, if relevant, the contributories) are situated. It should, however, only be necessary in exceptional cases to hold meetings away from the official receiver’s office. Where technology permits consideration can be given as to whether the convening of a remote meeting would be appropriate (see Part 12 for further information).
First meetings in the liquidation should usually be held on the same day, with the contributories’ meeting immediately following the creditors’ meeting. Unless the court otherwise directs, meetings must be commenced between 10 am and 4 pm on a business day [Note 1] [Note 2] [Note 3].
2. Notices of first meetings - Recipients
(Amended April 2009)
Notices for first meetings must be sent to:
The court [Note 4].
Where the petition was presented on or after 6 April 2009, the notice of first meetings must also be published in the Gazette, and may be advertised in such other manner as the official receiver thinks fit. Where the petition was presented before 6 April 2009, the notice must be given by public advertisement. [Note 10] [Note 11] [Note 12].
3. Provisions applying to general meetings
(Amended April 2009)
Notice of a general meeting need not be given to the court.
Where the petition was presented on or after 6 April 2009 in a liquidation, the convenor of a general meeting is required to publish notice of the meeting in the Gazette and may be advertised further at the discretion of the convenor.
In all other cases, there need be no Gazetting or public advertisement, unless the convenor of the meeting thinks fit, or the court so orders. If so, notice of the meeting should be given in the Gazette, and in such other manner as the convenor thinks fit.
Apart from that, the provisions applying to first meetings apply to general meetings summoned by the official receiver [Note 13] [Note 14] [Note 15] [Note 16] [Note 17]. Where any matter differs from that for first meetings throughout the remainder of this chapter, it is mentioned within the relevant paragraph.
4. Notices – Time for giving notice
(Amended April 2009)
The official receiver should send notice to the court immediately upon fixing a venue for first meetings.
Notices should be sent to all other relevant parties, detailed in paragraph 2 above, at least 21 days before the date fixed for the meeting. [Note 18] [Note 19] The official receiver should also aim for the notice of first meetings to appear in the Gazette and, if appropriate, advertised (see Chapter 5) no less than 21 days before the meeting.
In calculating the 21 day notice period, official receivers should additionally take in to account any service period applicable to the postage method used [Note 20] [Note 21]. Notices including, proofs and proxies for use by foreign creditors, or contributories, should be despatched as early as possible to allow extra time for their return prior to the meeting. The official receiver is not required to apply to court under rule 12.12 of the Insolvency Rules 1986 for permission to effect overseas service of meetings notices [Note 22]. Where the official receiver is aware of an overseas creditor having a fax number or e-mail address, it may be advisable for him/her to serve notice via this method, in addition to the required method. When sending documents only by email the rules regarding electronic delivery apply (see paragraph 5).
If the notices of meetings are served in accordance with the required time limits detailed above, any meeting held is presumed to have been duly summoned and held. This is not altered in the event that certain creditors or contributories have not received the notices [Note 23].
5. Electronic delivery of meetings notices and use of websites
The Legislative reform (Insolvency) (Miscellaneous provisions) Order 2010 (LRO) and IAR 2010 introduced provisions which permit the official receiver to send his/her notice of meetings to creditors and contributories by electronic means, provided that the intended recipient has consented to electronic delivery and has provided an electronic address for delivery [Note 23A]. Where the official receiver issues a notice by electronic means, the document must contain or be accompanied by a statement informing the recipient that they may request a hard copy and providing a telephone number, email address and postal address for making such a request. Where a hard copy of the notice is requested, it must be sent within 5 business days of receipt of the request.
The official receiver may also satisfy his/her requirement to give notice of a meeting to creditors and/or contributories by the notice being available for viewing or downloading on a website [Note 23B]. The official receiver is required to notify creditors and contributories of the address of the website together with any password required to access or download the document. The notice given to creditors and contributories must also contain a statement informing the recipient of their entitlement to request a hard copy of the report and specifying a telephone number, email address and postal address to make such a request. Where a hard copy is requested this must be issued within 5 business days of the receipt of the request.
Where a notice to creditors and/or contributories is issued informing them of a website address where they can view a meeting notice, the meeting notice must be available on the website for a period of not less than 3 months after the date on which the notice was sent.
The notice of first meetings issued to creditors and where applicable contributories, must provide details of the venue of the meeting, which is defined as the time, date and place of the meeting [Note 24].
The notice must also state a time and date, not more than 4 days before the date fixed for the meeting, by which time creditors (and contributories) must lodge proofs and (where appropriate) proxies, in order to be entitled to vote at the meeting [Note 25] [Note 26]. The full 4 day period is usually only applied in exceptional circumstances (e.g. a large number of creditors), the recommended service cut-off point for the receipt of proofs being 12 noon on the business day before the day of the meeting.
For general meetings notices must also state the purpose of the meeting [Note 27] [Note 28].
7. Notices – forms to accompany
Where notice of a meeting is sent out, the notice to creditors should be accompanied by proof of debt forms and both creditors and contributories must be sent proxy forms [Note 4] [Note 29] [Note 30] [Note 31] [Note 32]. The official receiver should attempt where practicable to send out his/her report to creditors at this stage (see Chapter 18, paragraph 18.3). The official receiver should also consider including in his/her report, or sending out at the same time as the meetings papers, by way of separate form, any other notice which it may be possible to dispatch at that stage, such as notices of a public examination [Note 33] [Note 34]. However, the sending of the meetings notices should not be unduly delayed where the other notice cannot be prepared in time.
8. Notice by advertisement only
The court may order that notice of any meeting of creditors (or contributories) may be given by public advertisement only [Note 35] [Note 36]. The official receiver should only apply for such an order in exceptional circumstance (e.g. a large insurance company with numerous policy holders). In such circumstances, he may also consider applying to the court for an order dispensing with the requirement to send out documents (e.g. proxy forms), in cases where this would involve unreasonable expense, in view of the vast number of creditors [Note 37]. (For further information on applications to court generally, please see Chapter 19, Part 4).
9. Notice to company personnel
The official receiver must give at least 21 days’ notice of any meetings to any of the company’s personnel (present and past officers, employees etc as defined by paragraphs (a) to (d) of section 235(3) of the Insolvency Act 1986) who, in his opinion, either ought to attend the meetings or should otherwise be told of them [Note 38]. The notice [Note 7] may be adapted either to require presence at the meeting or to be in attendance (i.e. at the venue), or simply to give notice of the meeting. If attendance is required, an appropriate separate notice should be sent, even if the company personnel in question are being given notice additionally as creditors or contributories. The notice can be delivered personally or by post [Note 39].
The official receiver can, should he wish, require a bankrupt’s presence at the meeting or to be in attendance (i.e. at the venue). Notice of a meeting to a bankrupt can be delivered personally or by post [Note 39] [Note 7] [Note 40].
11. "Presence" and "attendance"
"Presence " can be taken to indicate a person being called into the meeting whilst "attendance" means the person being available to be called into a meeting (e.g. by being in a waiting room at the meeting venue).
1. Insolvency Rules 1986 rule 4.60
2. Insolvency Rules 1986 rule 6.86
3. Insolvency Rules 1986 rule 13.13(1)
4. Notice of first meeting form: NFM
5. Insolvency Rules 1986 rule 4.50(2)
6. Insolvency Rules 1986 rule 6.79(2)
7. Notice of meeting to bankrupt or company officers form: NMBO
8. Insolvency Rules 1986 rule 4.58(2)
9. Insolvency Rules 1986 rule 6.84(1)
10. Notice for newspaper: NFN1 and NFN3
11. Insolvency Rules 1986 rule 4.50(5)
12. Insolvency Rules 1986 rule 6.79(5)
13. Insolvency Rules 1986 rule 4.54
14. Insolvency Rules 1986 rule 6.81
15. Notice of meeting form: NGM
18. Insolvency Rules 1986 rule 4.50(3)
19. Insolvency Rules 1986 rule 6.79(3)
20. Insolvency Rules 1986 rule 12.10
21. Insolvency Rules 1986 rule 13.3
22. Re: T&N Ltd [2006] EWHC 842, Ch; [2006] BPIR
23. Insolvency Rules 1986 rule 12.16
23A. Insolvency Rules 1986 rule 12A.10
23B. Insolvency Rules 1986 rule 12A.12
24. Insolvency Rules 1986 rule 13.6
25. Insolvency Rules 1986 rule 4.50(4)
26. Insolvency Rules 1986 rule 6.79(4)
27. Insolvency Rules 1986 rule 4.54(3)
28. Insolvency Rules 1986 rule 6.81(3)
31. Insolvency Rules 1986 rule 4.60(3)
32. Insolvency Rules 1986 rule 6.86(3)
33. Notice of public examination form: PEN
34. Insolvency Rules 1986 rule 12.14
35. Insolvency Rules 1986 rule 4.59
36. Insolvency Rules 1986 rule 6.85
37. Insolvency Rules 1986 rule 7.1
38. Insolvency Rules 1986 rule 4.58
39. Insolvency Rules 1986 rule 13.3(3)
40. Insolvency Rules 1986 rule 6.84