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The Companies (Cross-Border Mergers) Regulations 2007

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Power of court to summon meeting of members or creditors

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11.—(1) The court may, on an application under this regulation, order a meeting of—

(a)members or a class of members, for the purposes of regulation 13 (approval of members in meeting);

(b)creditors or a class of creditors, for the purposes of regulation 14 (approval of creditors in meeting);

to be summoned in such manner as the court directs.

(2) An application under this regulation may be made by—

(a)the UK merging company,

(b)any member of the UK merging company in the case of a meeting of members or a class of members,

(c)any creditor of the UK merging company in the case of a meeting of creditors or a class of creditors, or

(d)in the case of a UK merging company in administration, the administrator.

(3) Section 323 of the Companies Act 2006 (representation of corporations at meetings) applies to a meeting of the creditors summoned under this regulation as to a meeting of the company (the references in that section to a member of the company being read as references to a creditor).

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