Companies Act 2006

Court sanction for compromise or arrangementU.K.

899Court sanction for compromise or arrangementU.K.

(1)If a majority in number representing 75% in value of the creditors or class of creditors or members or class of members (as the case may be), present and voting either in person or by proxy at the meeting summoned under section 896, agree a compromise or arrangement, the court may, on an application under this section, sanction the compromise or arrangement.

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

(a)the company,

(b)any creditor or member of the company,

(c)if the company is being wound up or an administration order is in force in relation it, the liquidator or administrator.

[F1(c)if the company is being wound up, the liquidator, or

(d)if the company is in administration, the administrator.]

(3)A compromise or [F2arrangement] sanctioned by the court is binding on—

(a)all creditors or the class of creditors or on the members or class of members (as the case may be), and

(b)the company or, in the case of a company in the course of being wound up, the liquidator and contributories of the company.

(4)The court's order has no effect until a copy of it has been delivered to the registrar.

[F3(5)Section 323 (representation of corporations at meetings) applies to a meeting of creditors under this section as to a meeting of the company (references to a member of the company being read as references to a creditor).]

Textual Amendments

F1S. 899(2)(c)(d) substituted (6.4.2008) for s. 899(2)(c) and preceding word by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 250(2) (with arts. 6, 11, 12)

Modifications etc. (not altering text)