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The Insolvency (Scotland) (Receivership and Winding up) Rules 2018

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Location of company meetings

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8.43.—(1) This rule applies to a request to the convener of a meeting under section 246A(9)(1) to specify a place for the meeting.

(2) The request must be accompanied by—

(a)a list of the members making or concurring with the request and their voting rights, and

(b)from each person concurring, confirmation of that person’s concurrence.

(3) The request must be delivered to the convener within 7 business days of the date on which the convener delivered the notice of the meeting in question.

(4) Where the convener considers that the request has been properly made in accordance with the Act and this rule, the convener must—

(a)deliver notice to all those previously given notice of the meeting—

(i)that it is to be held at a specified place, and

(ii)as to whether the date and time are to remain the same or not;

(b)set a venue (including specification of a place) for the meeting, the date of which must be not later than 28 days after the original date for the meeting; and

(c)deliver at least 14 days’ notice of that venue to all those previously given notice of the meeting,

and the notices required by sub-paragraphs (a) and (c) may be delivered at the same or different times.

(5) Where the convener has specified a place for the meeting in response to a request to which this rule applies, the chair of the meeting must attend the meeting by being present in person at that place.

(1)

Section 246A(9) is amended by paragraph 54(4) of schedule 9 of the 2015 Act.

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