Commentary

13 Decision making: abolition of meetings in insolvency procedure

BANKRUPTCY AND INSOLVENCY (CORPORATE INSOLVENCY) vol 3(3)
| Commentary

13 Decision making: abolition of meetings in insolvency procedure

| Commentary

13 Decision making: abolition of meetings in insolvency procedure

A fundamental change made by the Insolvency (England and Wales) Rules 20161 (the ‘2016 Rules’) and related primary legislation is in the way that creditors make decisions in insolvency procedures. The primary method of decision-making in corporate insolvency has always been by resolution at a meeting between the creditors, present in person or by proxy, held at a time and place, with an agenda set out in the notice summoning the meeting.

The primary change brought about by the 2016 Rules and related legislation is that a liquidator or other office holder

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