Insolvency (Amendment) Act (Northern Ireland) 2016

JurisdictionNorthern Ireland
Citation2016 NI c 2
Year2016
(1) In Part 7 of the Insolvency Order, after Article 208 (unenforceability of liens on books, etc.) insert—
    Remote attendance at meetings
    (208ZA) Remote attendance at meetings: company insolvency
  • (1) This Article applies to—
  • (a) any meeting of the creditors of a company summoned under this Order or the rules; or
  • (b) any meeting of the members or contributories of a company summoned by the office-holder under this Order or the rules, other than a meeting of the members of a company in a members' voluntary winding up.
any meeting of the creditors of a company summoned under this Order or the rules; orany meeting of the members or contributories of a company summoned by the office-holder under this Order 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”) considers it appropriate, 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 paragraph (2) , a person attends the meeting if that person is able toexercise any rights which that person may have to speak and vote at the meeting.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 attending the meeting, during the meeting, any information or opinions which that person has on the business of the meeting; andthat person is able to vote, during the meeting, on resolutions put to the vote at the meeting; andthat 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.enable those attending the meeting to exercise their rights to speak or vote; andensure the identification of those attending the meeting and the security of any electronic means used to enable attendance.a meeting will be attended by persons who will not be present together at the same place, andit is unnecessary or inexpedient to specify a place for the meeting,In making the arrangements referred to in paragraph (5) and in forming the opinion referred to in paragraph (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.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, andin the case of a meeting of creditors or contributories, by not less than 10 per cent. in value of the creditors or contributories, orin 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,its liquidator, provisional liquidator, administrator, or administrative receiver; orwhere a voluntary arrangement in relation to the company is proposed or has taken effect under Part 2, the nominee or the supervisor of the voluntary arrangement.in accordance with the rules; andin such circumstances as may be prescribed.the liquidator, provisional liquidator, administrator, or administrative receiver of a company; orwhere a voluntary arrangement in relation to a company is proposed or has taken effect under Part 2, the nominee or the supervisor of the voluntary arrangement.(2) In Part 10 of the Insolvency Order, after Article 345 (formal defects) insert—
    Remote attendance at meetings
    (345A) Remote attendance at meetings: individual insolvency
  • (1) Where—
  • (a) a bankruptcy order is made against an individual or an interim receiver of an individual's property is appointed, or
  • (b) a voluntary arrangement in relation to an individual is proposed or is approved under Chapter 2 of Part 8,
  • this...
a bankruptcy order is made against an individual or an interim receiver of an individual's property is appointed, ora voluntary arrangement in relation to an individual is proposed or is approved under Chapter 2 of Part 8,

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