The Insolvency (England and Wales) Rules 2016

Savings in respect of final meetings taking place on or after the commencement dateE+W

This section has no associated Explanatory Memorandum

6.—(1) This paragraph applies where—

(a)before the commencement date—

(i)a final report to creditors has been sent under 1986 rule 4.49D (final report to creditors in liquidation),

(ii)a final report to creditors and bankrupt has been sent under 1986 rule 6.78B (final report to creditors and bankrupt), or

(iii)a meeting has been called under [F1sections 94, 106, 146 or 331] of the 1986 Act (final meeting F2...); and

(b)a meeting under section 94, 106, 146 or 331 of the 1986 Act is held on or after the commencement date.

(2) Where a meeting is held to which this paragraph applies, Part 15 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.

(3) However, any application to the court in respect of such a meeting is to be made in accordance with Part 12 of these Rules.

Textual Amendments