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

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This is the original version (as it was originally made).

Savings in respect of meetings taking place on or after the commencement date and resolutions by post

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5.—(1) This paragraph applies where on or after the commencement date—

(a)a creditors’ or contributories’ meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the 1986 Rules or the Act;

(b)a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;

(c)a meeting at year’s end is required by section 105(1) in the winding up of a company where the resolution to wind up was passed before the commencement date.

(2) Where paragraph (1) applies, Part 8 of these Rules does not apply and the 1986 Rules relating to the following continue to apply:—

(a)the requirement to hold the meeting;

(b)notice and advertisement of the meeting;

(c)governance of the meeting;

(d)recording and taking minutes of the meeting;

(e)the report or return of the meeting;

(f)membership and formalities of establishment of liquidation and creditors’ committees where the resolution to form the committee is passed at the meeting;

(g)the office-holder’s resignation or removal at the meeting;

(h)the office-holder’s release;

(i)fixing the office-holder’s remuneration;

(j)requests for further information from creditors;

(k)claims that remuneration is or that other expenses are excessive; and

(l)complaints about exclusion at the meeting.

(3) Where, before the commencement date, the office-holder sought to obtain a resolution by correspondence under 1986 rule 4.55, the 1986 Rules relating to resolutions by correspondence continue to apply and sub-paragraph (2) applies to any meeting that those rules require the office-holder to summon.

(1)

1986 c.45. Section 105 was amended by article 6(4) of S.I. 2010/18, prospectively amended by paragraph 28 of Schedule 9 of the Small Business, Enterprise and Employment Act 2015 (c.26) (“the 2015 Act”), and repealed by article 6 of the Public Services Reform (Insolvency) Order 2016 (S.S.I. 2016/141).

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