PART 3ADMINISTRATION

CHAPTER 7Administrator's proposals

Seeking approval of the administrator's proposals3

1

This rule applies where the administrator is required by paragraph 51 of Schedule B1 M1 to seek approval from the company's creditors of the statement of proposals.

2

The statement of proposals delivered under paragraph 49(4) of Schedule B1 M2 must be accompanied by a notice to the creditors of the decision procedure in accordance with rule 5.8.

3

The administrator may seek approval from the creditors using the deemed consent procedure in which case the statement of proposals delivered under paragraph 49(4) must be accompanied by a notice complying with the requirements of rule 5.7.

4

Where the administrator has made a statement under paragraph 52(1) and has not sought a decision on approval from creditors, the proposal will be deemed to have been approved unless a decision has been requested under paragraph 52(2) M3.

5

Where under paragraph (4) the proposal is deemed to have been approved the administrator must, as soon as reasonably practicable after the expiry of the period for requisitioning a decision set out in rule 5.17(2), deliver a notice of the date of deemed approval to the registrar of companies, the court and any creditor to whom the administrator has not previously delivered the proposal.

6

The notice must contain—

a

identification details for the insolvency proceedings;

b

the name of the administrator;

c

the date the administrator was appointed; and

d

the date on which the statement of proposals was delivered to the creditors.

7

A copy of the statement of proposals, with the statements required by rule 3.35(5) must accompany the notice given to the court and to any creditors to whom a copy of the statement of proposals has not previously been delivered.