Insolvency Act · 2022 Revised Edition · Part 7
215. Remote attendance at meetings
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), this section applies to any meeting of —
the creditors of a company summoned under this Act or the rules; or
the members or contributories of a company summoned by the office holder under this Act or the rules, other than a meeting of the members of a company in a members’ voluntary winding up.
Where the person summoning a meeting (the convener) thinks it fit, the meeting may be conducted and held in such a way that persons who are not present together at the same place may attend it.
Where a meeting is conducted and held in the manner referred to in subsection (2), a person attends the meeting if that person is able to exercise any rights which that person may have to speak and vote at the meeting.
For the purposes of this section —
a person is able to exercise the right to speak at a meeting when that person is in a position to communicate to all those
Insolvency attending the meeting, during the meeting, any information or opinions which that person has on the business of the meeting; and
a person is able to exercise the right to vote at a meeting when —
that person is able to vote, during the meeting, on resolutions put to the vote at the meeting; and
that person’s vote can be taken into account in determining whether or not such resolutions are passed at the same time as the votes of all the other persons attending the meeting.
The convener of a meeting which is to be conducted and held in the manner referred to in subsection (2) shall make whatever arrangements the convener considers appropriate —
to enable those attending the meeting to exercise their rights to speak and vote; and
to ensure the identification of those attending the meeting and the security of any electronic means used to enable attendance.
Where in the reasonable opinion of the convener —
a meeting will be attended by persons who will not be present together at the same place; and
it is unnecessary or inexpedient to specify a place for the meeting, any requirement under this Act or the rules to specify a place for the meeting may be satisfied by specifying the arrangements the convener proposes to enable persons to exercise their rights to speak and vote.
In making the arrangements referred to in subsection (5) and in forming the opinion referred to in subsection (6)(b), the convener must have regard to the legitimate interests of the creditors, members or contributories and others attending the meeting in the efficient despatch of the business of the meeting.
Insolvency 174
insolvency
“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
If —
the notice of a meeting does not specify a place for the meeting;
the convener is requested in accordance with the rules to specify a place for the meeting; and
that request is made —
in the case of a meeting of creditors or contributories, by not less than 10 per cent, in value, of the creditors or contributories; or
in the case of a meeting of members, by members representing not less than 10 per cent of the total voting rights of all the members having at the date of the request a right to vote at the meeting, it shall be the duty of the convener to specify a place for the meeting.
In this section, “office holder” means —
liquidator, provisional liquidator, judicial manager or receiver of a company; or
where a voluntary arrangement in relation to the company is proposed or has taken effect, the nominee or supervisor of the voluntary arrangement.
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Terms defined in s 3
company
Defined · s 3“company” means a company incorporated or registered under the Companies Act;
insolvency
Defined · s 3“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
security
Defined · s 3“security” means any mortgage, charge, lien or other security interests;
supervisor
Defined · s 3“supervisor” means the supervisor of the voluntary arrangement referred to in section 17(2);
voluntary arrangement
Defined · s 3“voluntary arrangement” means the voluntary arrangement described in section 8.