Section 246A: Remote attendance at meetings, Insolvency Act 1986

Subject to subsection (2), this section applies to any meeting of the members of a company summoned by the office-holder under this Act or the rules, other than a meeting of the members of the company in a members' voluntary winding up.

This section does not apply where—

a company is being wound up in Scotland, or

a receiver is appointed under section 51 in Chapter 2 of Part 3.

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 subsection (3), 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 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 (3) shall make whatever arrangements the convener considers appropriate to—

enable those attending the meeting to exercise their rights to speak or vote, and

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 or vote.

In making the arrangements referred to in subsection (6) and in forming the opinion referred to in subsection (7)(b), the convener must have regard to the legitimate interests of the members and others attending the meeting in the efficient despatch of the business of the meeting.

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 by members representing not less than ten percent 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, "the office-holder", in relation to a company, means—

the monitor in relation to a moratorium under Part A1,

its liquidator, provisional liquidator, administrator, receiver (appointed under section 51) or administrative receiver, or

where a voluntary arrangement in relation to the company is proposed or has taken effect under Part 1, the nominee or the supervisor of the voluntary arrangement.

Section 246A: Remote attendance at meetings

Discussed in

About this text