The Insolvency (Scotland) (Receivership and Winding up) Rules 2018

Savings in respect of final meetings taking place on or after the commencement date S

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 M1 or 146 M2 of the Act (final meeting) M3 ; 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.

Marginal Citations

M1 A new section 106 is prospectively substituted by paragraph 29 of schedule 9 of the 2015 Act.

M2 Section 146 is prospectively substituted by paragraph 38 of schedule 9 of the 2015 Act.

M3 A new section 94 is prospectively inserted by paragraph 18 of schedule 9 of the 2015 Act.