The Insolvency Rules (Northern Ireland) 1991

Formalities of establishment

2.36.—(1) The creditors' committee does not come into being, and accordingly cannot act, until the administrator has issued a certificate of its due constitution.

(2) No person may act as a member of the committee unless and until he has agreed to do so and, unless the relevant proxy or authorisation contains a statement to the contrary, such agreement may be given by his proxy-holder or representative under Article 383 of the Companies Order present at the meeting establishing the committee.

(3) The administrator's certificate of the committee's due constitution shall not issue unless and until at least three of the persons who are to be members of the committee have agreed to act.

(4) As and when the others (if any) agree to act, the administrator shall issue an amended certificate.

(5) The certificate, and any amended certificate, shall be filed in court by the administrator.[FORM 2.14]

(6) If after the first establishment of the committee there is any change in its membership, the administrator shall report the change to the court.[FORM 2.15]

[E.R.2.33]