36 Consideration of the proposal

  1. 36.1

        The deemed consent procedure is not available2;

  2. 36.2

        Tt may be made by any qualifying decision procedure the nominee thinks fit except that it may not be made by a physical meeting (unless the creditors requisition a meeting)3.

In the first place, however, the nominee must give notice to the creditors of his chosen decision procedure and must call a meeting of the members of the company4, as the decision of both must be sought on the proposal5. Section 3 of the Insolvency Act 1986 contemplates two cases:

  1. 36.3

        Where the nominee is not

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