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SCHEDULES

SCHEDULE 9U.K.Abolition of requirements to hold meetings; opted-out creditors

PART 1 U.K.Company insolvency

Other provisionU.K.

54(1)Section 246A (remote attendance at meetings) is amended as follows.U.K.

(2)In subsection (1), for the words from “applies to” to the end substitute “applies to any meeting of the members of a company summoned by the office-holder under this Act or the rules, other than a meeting of the members of the company in a members' voluntary winding up.”

(3)In subsection (8) for “creditors, members or contributories” substitute “ members ”.

(4)In subsection (9)(c), for the words from “made” to “of members,” substitute “ made ”.

Commencement Information

I1Sch. 9 para. 54 in force at 26.5.2015 for specified purposes by S.I. 2015/1329, reg. 3(d)

I2Sch. 9 para. 54 in force at 6.4.2017 for E.W. in so far as not already in force by S.I. 2016/1020, reg. 4(e) (with reg. 5) (as amended by S.I. 2017/363, reg. 3)

I3Sch. 9 para. 54 in force at 6.4.2019 for S. in so far as not already in force by S.I. 2019/816, reg. 4(c) (with reg. 5)

55U.K.In section 387(2) and (2A) (definition of “relevant date”) for “meetings to consider” substitute “ consideration of ”.

Commencement Information

I4Sch. 9 para. 55 in force at 26.5.2015 for specified purposes by S.I. 2015/1329, reg. 3(d)

I5Sch. 9 para. 55 in force at 6.4.2017 for E.W. in so far as not already in force by S.I. 2016/1020, reg. 4(e) (with reg. 5) (as amended by S.I. 2017/363, reg. 3)

I6Sch. 9 para. 55 in force at 6.4.2019 for S. in so far as not already in force by S.I. 2019/816, reg. 4(c) (with reg. 5)

56U.K.In section 433(3)(a) (admissibility of evidence in statement of affairs etc)—

(a)omit “98(6),”;

(b)for “99(3)(a)” substitute “ 99(3) ”.

Commencement Information

I7Sch. 9 para. 56 in force at 26.5.2015 for specified purposes by S.I. 2015/1329, reg. 3(d)

I8Sch. 9 para. 56 in force at 6.4.2017 for E.W. in so far as not already in force by S.I. 2016/1020, reg. 4(e) (with reg. 5) (as amended by S.I. 2017/363, reg. 3)

I9Sch. 9 para. 56 in force at 6.4.2019 for S. in so far as not already in force by S.I. 2019/816, reg. 4(c) (with reg. 5)

57(1)Section 434B (representation of companies at meetings) is amended as follows.U.K.

(2)In subsection (1), for paragraph (a) substitute—

(a)in a qualifying decision procedure, held in pursuance of this Act or of rules made under it, by which a decision is sought from the creditors of a company, or.

(3)In the heading, after “corporations” insert “ in decision procedures and ”.

Commencement Information

I10Sch. 9 para. 57 in force at 26.5.2015 for specified purposes by S.I. 2015/1329, reg. 3(d)

I11Sch. 9 para. 57 in force at 6.4.2017 for E.W. in so far as not already in force by S.I. 2016/1020, reg. 4(e) (with reg. 5) (as amended by S.I. 2017/363, reg. 3)

I12Sch. 9 para. 57 in force at 6.4.2019 for S. in so far as not already in force by S.I. 2019/816, reg. 4(c) (with reg. 5)

58U.K.In Schedule 8, after paragraph 9 insert—

9AProvision about how a company's creditors may nominate a person to be liquidator, including in the case of a voluntary winding up provision conferring functions on the directors of the company.

Commencement Information

I13Sch. 9 para. 58 in force at 26.5.2015 for specified purposes by S.I. 2015/1329, reg. 3(d)

I14Sch. 9 para. 58 in force at 6.4.2017 for E.W. in so far as not already in force by S.I. 2016/1020, reg. 4(e) (with reg. 5) (as amended by S.I. 2017/363, reg. 3)

I15Sch. 9 para. 58 in force at 6.4.2019 for S. in so far as not already in force by S.I. 2019/816, reg. 4(c) (with reg. 5)

59(1)Paragraph 10 of Schedule 8 (power to make provision about creditors committees etc) is amended as follows.U.K.

(2)In sub-paragraph (1)—

(a)after “to the” insert “ establishment, ”;

(b)for “established under” substitute “ provided for by ”.

(3)In sub-paragraph (2)—

(a)in paragraph (a), omit “a meeting of” in both places;

(b)in paragraph (b), for “a meeting of” substitute “ seeking a decision from ”.

Commencement Information

I16Sch. 9 para. 59 in force at 26.5.2015 for specified purposes by S.I. 2015/1329, reg. 3(d)

I17Sch. 9 para. 59 in force at 6.4.2017 for E.W. in so far as not already in force by S.I. 2016/1020, reg. 4(e) (with reg. 5) (as amended by S.I. 2017/363, reg. 3)

I18Sch. 9 para. 59 in force at 6.4.2019 for S. in so far as not already in force by S.I. 2019/816, reg. 4(c) (with reg. 5)