Chapter 16 - Meetings

INTRODUCTION

(August 2008)

16.1 Introduction

There are various situations, which may lead the official receiver to summon meetings. The official receiver may convene first meetings or general meetings. This chapter deals with the circumstances, which may arise, and the processes involved in summoning and holding a meeting.

16.2 The chapter is divided into the following parts:

Part 1 – Meetings decision (paragraphs 16.5 to 16.15)

Part 2 – Requisitions (paragraphs 16.16 to 16.24)

Part 3 – Notices (paragraphs 16.25 to 16.34)

Part 4 – Conduct of meetings (paragraphs 16.35 to 16.61)

Part 5 – Proofs of debt (paragraphs 16.62 to 16.102)

Part 6 – Proxies (paragraphs 16.103 to 16.121)

Part 7 – Voting (paragraphs 16.122 to 16.134)

Part 8 – Liquidation or creditors’ committee (paragraphs 16.135 to 16.143)

Part 9 – Where the insolvent is an authorised deposit taker (paragraphs 16.144 to 16.149)

Part 10 – Partnerships (paragraphs 16.150 to 16.153)

Part 11 – Deceased insolvents (paragraphs 16.154 to 16.155)

16.3 The following abbreviations are used in this chapter;

CAR - Case Assessment Review

CAR A - Report to creditors and where relevant contributories

EA2002 - The Enterprise Act 2002

IPO - The Insolvent Partnerships Order 1994

HMRC - HM Revenue and Customs

16.4 Definitions

Throughout this chapter, to avoid unnecessary repetition, the term "meetings" (which normally denotes meetings of creditors and contributories in winding up proceedings), also includes, where appropriate, a meeting of creditors in bankruptcy proceedings.

First meetings summoned by the official receiver in winding up proceedings are known as “the first meeting of creditors” and the “first meeting of contributories” and jointly as “the first meetings in the liquidation”.

The first meeting summoned by the official receiver in bankruptcy proceedings is known as “the first meeting of creditors”.