Section 3: Consideration of proposal.

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

Part I: Company Voluntary Arrangements

Where the nominee under section 1 is not the liquidator or administrator, and it has been report to the court under section 2(2) that the proposal should be considered by a meeting of the company and by the company's creditors, the person making the report shall (unless the court otherwise directs)—

summon a meeting of the company to consider the proposal for the time, date and place proposed in the report, and
seek a decision from the company's creditors as to whether they approve the proposal.

Where the nominee is the liquidator or administrator, he shall—

summon a meeting of the company to consider the proposal for such time, date and place as he thinks fit, and
seek a decision from the company's creditors as to whether they approve the proposal.

A decision of the company's creditors as to whether they approve the proposal is to be made by a qualifying decision procedure.

Notice of the qualifying decision procedure must be given to every creditor of the company of whose claim and address the person seeking the decision is aware.

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