Purpose and timing of first meeting of creditors
436E Purpose and timing of first meeting of creditors
The administrator of a company under administration must convene a meeting of the company’s creditors in order to determine:
whether to appoint a committee of inspection; and
if so, who are to be the committee’s members.
The meeting must be held within 8 business days after the administration begins.
The administrator must convene the meeting by:
giving written notice of the meeting to as many of the company’s creditors as reasonably practicable; and
causing a notice setting out the prescribed information about the meeting to be published in the prescribed manner;
at least 5 business days before the meeting.
A notice under paragraph (3)(b) that relates to a company may be combined with a notice under paragraph 450A(1)(b) that relates to the company.
At the meeting, the company’s creditors may also pass a resolution:
removing the administrator from office; and
appointing someone else as administrator of the company.
This provision refers to the regulations (prescribed information
, prescribed manner
). Made under this Act:
- Corporations Regulations 2001 · under s 1364
115 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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