C2C3C4PART 5DECISION MAKING

Annotations:
Modifications etc. (not altering text)
C2

Pt. 5 applied in part (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 paras. 63(1)(a), 64-68 (with ss. 2(2), 5(2), Sch. 4 para. 52)

C1CHAPTER 3Notices, voting and venues for decisions

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 Chs. 1-9 applied in part (with modifications) (6.4.2019) by The Insolvency (Scotland) (Receivership and Winding up) Rules 2018 (S.S.I. 2018/347), rules 1, 11.10(3)

Voting in a decision procedure5

1

In order to be counted in a decision procedure other than where votes are cast at a meeting, votes must—

a

be received by the convener on or before the decision date; and

b

in the case of a vote cast by a creditor—

i

in a CVA, be accompanied by written notification of the creditor's debt unless such a notification has already been given to the convener;

ii

in an administration, be accompanied by a statement of claim and documentary evidence of debt (where the requirement to provide the latter is not dispensed with under rule 5.26(2)) unless already given to the convener.

2

In F1a decision procedure in respect of a moratorium under Part A1 of the Act or an administration, a vote must be disregarded if—

a

a statement of claim and, where required, documentary evidence of debt are not received by the convener on or before the decision date or, in the case of a meeting, at or before the meeting (unless under rule 5.24 the chair is content to accept them before resumption of the adjourned meeting); or

b

the convener decides, in the application of Chapter 7 of this Part, that the creditor is not entitled to cast the vote.

3

The convener must have received at least one valid vote on or before the decision date in order for a decision to be made.