Section 246C: Creditors' ability to opt out of receiving certain notices

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

*Part VI: Miscellaneous Provisions Applying to Companies Which are Insolvent or in Liquidation — : *

Any provision of the rules which requires an office-holder of a company to give a notice to creditors of the company does not apply, in circumstances prescribed by the rules, in relation to opted-out creditors.

Subsection (1)—

does not apply in relation to a notice of a distribution or proposed distribution to creditors;
is subject to any order of the court requiring a notice to be given to all creditors (or all creditors of a particular category).

Except as provided by the rules, a creditor may participate and vote in a qualifying decision procedure or a deemed consent procedure even though, by virtue of being an opted-out creditor, the creditor does not receive notice of it.

In this section—

  • "give" includes deliver, furnish or send;

  • "notice" includes any document or information in any other form;

  • "office-holder", in relation to a company, means—

    (a)a liquidator, provisional liquidator, administrator or administrative receiver of the company,

    (b)a receiver appointed under section 51 in relation to any property of the company, or

    (c)the supervisor of a voluntary arrangement which has taken effect under Part 1 in relation to the company.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.