Guide and script for holding standard creditor meetings in corporate insolvency

Produced in partnership with Robert Paterson of Wedlake Bell and Nicholas O'Reilly of MHA
Precedents

Guide and script for holding standard creditor meetings in corporate insolvency

Produced in partnership with Robert Paterson of Wedlake Bell and Nicholas O'Reilly of MHA

Precedents

Introduction

The time is now [insert the exACT time] and I am opening the meeting of creditors of [insert name of the Company or LLP (Company)] called as a general meeting of creditors under the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 as amended.

I am [insert name], of [insert firm or company name] [insert details of role of the chair, eg adviser/[joint] administrator/[provisional] liquidator etc].

The meeting that is taking place today is quorate, as the required minimum number of creditors has been reached.

The meeting[s] that [is OR are] taking place today [has OR have] been convened by me (or requisitioned by creditors) for the purposes of dealing with the following resolutions [delete/amend as appropriate]:

  1. fixing the basis of the office-holder’s remuneration;

  2. obtaining sanction from the creditors (in the absence of a [creditors’ OR liquidation] committee having been formed previously);

  3. forming a [creditors’ OR liquidation] committee;

  4. accepting proposals;

  5. removing

Robert Paterson
Robert Paterson

Partner, Wedlake Bell


Robert Paterson, Partner and solicitor, joined Moon Beever LLP in 2018 and is a Licenced Insolvency Practitioner, member of R3, the IPA and the Association of Property and Fixed Charge Receivers, and Institute for Turnaround.

Robert has gained a wide range of experience in his previous firms DLA and Gowlings WLG and has acted on contentious and non-contentious matters for a range of clients including banks and lenders, insolvency practitioners and companies/partnerships and directors/partners.

Robert also undertakes significant cross-border insolvency work. Recent highlights include obtaining the first English administration order for a Gibraltar company in the context of a group restructuring, and obtaining a novel court order permitting the transfer of funds to administrators of secondary proceedings in Germany to enable a distribution to local creditors.

He is currently acting as an expert witness in relation to an ongoing arbitration in New York.

Nicholas O'Reilly
Nicholas O'Reilly

Licensed Insolvency Practitioner, MHA


Nick is a Business Recovery Professional of 44 years standing and served as President of the Association of Business Recovery Professionals between 2008-2009.

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United Kingdom
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Script definition
What does Script mean?

The text of the play (whether expressed in words or in musical or other notation) together with any stage or other directions for its performance, whether contained in a single document or not.

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