Commentary

14.1 Availability of deemed consent procedure

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

14.1 Availability of deemed consent procedure

| Commentary

14 Deemed consent procedure

14.1 Availability of deemed consent procedure

In most cases where a decision has to be taken by creditors under the Insolvency Act 1986 or the Insolvency (England and Wales) Rules 2016 (the ‘2016 Rules’)1, the deemed consent procedure is available. It is not available:

  1. 14.1.1

        if the Act or 2016 Rules require a decision to be made by a decision procedure;

  2. 14.1.2

        if the court so orders2; or

  3. 14.1.3

        on any decision relating to remuneration of the office holder (or any other person)3.

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