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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This is the original version (as it was originally made).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 final meetings taking place on or after the commencement date

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6.—(1) This paragraph applies where—

(a)before the commencement date—

(i)a final report to creditors has been sent under 1986 rule 4.31 (final report to creditors in liquidation),

(ii)a meeting has been called under section 94, 106(1) or 146(2) of the Act (final meeting)(3); and

(b)a meeting under section 94, 106 or 146 of the Act is held on or after the commencement date.

(2) Where a meeting is held to which this paragraph 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 form and content of the final report;

(f)the office-holder’s resignation or removal;

(g)the office-holder’s release;

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

(i)requests for further information from creditors;

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

(k)complaints about exclusion at the meeting.

(1)

A new section 106 is prospectively substituted by paragraph 29 of schedule 9 of the 2015 Act.

(2)

Section 146 is prospectively substituted by paragraph 38 of schedule 9 of the 2015 Act.

(3)

A new section 94 is prospectively inserted by paragraph 18 of schedule 9 of the 2015 Act.

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