Small Business, Enterprise and Employment Act 2015
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Change 1
As published
124 Ability for creditors to opt not to receive certain notices: company insolvency
(1) The Insolvency Act 1986 is amended as follows.
(2) For the italic heading before section 246B substitute— “ Giving of notices etc by office-holders ”.
(3) After section 246B insert—
Creditors' ability to opt out of receiving certain notices
246C (1) 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.
(2) Subsection (1)—
(a) does not apply in relation to a notice of a distribution or proposed distribution to creditors;
(b) is subject to any order of the court requiring a notice to be given to all creditors (or all creditors of a particular category).
(3) 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.
(4) 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 liquidator, provisional liquidator, administrator or administrative receiver of the company,
a receiver appointed under section 51 in relation to any property of the company, or
the supervisor of a voluntary arrangement which has taken effect under Part 1 in relation to the company.
(4) After section 248 insert—
“Opted-out creditor”
248A (1) For the purposes of this Group of Parts “opted-out creditor”, in relation to an office-holder of a company, means a person who—
(a) is a creditor of the company, and
(b) in accordance with the rules has elected (or is deemed to have elected) to be (and not to cease to be) an opted-out creditor in relation to the office-holder.
(2) In this section, “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.
(5) In Schedule 8 (provisions which may be included in company insolvency rules), after paragraph 5 insert—
5A Provision for enabling a creditor of a company to elect to be, or to cease to be, an opted-out creditor in relation to an office-holder of the company (within the meaning of section 248A), including, in particular, provision—
(a) for requiring an office-holder to provide information to creditors about how they may elect to be, or cease to be, opted-out creditors;
(b) for deeming an election to be, or cease to be, an opted-out creditor in relation to a particular office-holder of a company to be such an election also in relation to any other office-holder of the company.
Your change, as a redline
124 Ability for creditors to opt not to receive certain notices: company insolvency
(1) The Insolvency Act 1986 is amended as follows.
(2) For the italic heading before section 246B substitute— “ Giving of notices etc by office-holders ”.
(3) After section 246B insert—
Creditors' ability to opt out of receiving certain notices
246C (1) 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.
(2) Subsection (1)—
(a) does not apply in relation to a notice of a distribution or proposed distribution to creditors;
(b) is subject to any order of the court requiring a notice to be given to all creditors (or all creditors of a particular category).
(3) 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.
(4) 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 liquidator, provisional liquidator, administrator or administrative receiver of the company,
a receiver appointed under section 51 in relation to any property of the company, or
the supervisor of a voluntary arrangement which has taken effect under Part 1 in relation to the company.
(4) After section 248 insert—
“Opted-out creditor”
248A (1) For the purposes of this Group of Parts “opted-out creditor”, in relation to an office-holder of a company, means a person who—
(a) is a creditor of the company, and
(b) in accordance with the rules has elected (or is deemed to have elected) to be (and not to cease to be) an opted-out creditor in relation to the office-holder.
(2) In this section, “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.
(5) In Schedule 8 (provisions which may be included in company insolvency rules), after paragraph 5 insert—
5A Provision for enabling a creditor of a company to elect to be, or to cease to be, an opted-out creditor in relation to an office-holder of the company (within the meaning of section 248A), including, in particular, provision—
(a) for requiring an office-holder to provide information to creditors about how they may elect to be, or cease to be, opted-out creditors;
(b) for deeming an election to be, or cease to be, an opted-out creditor in relation to a particular office-holder of a company to be such an election also in relation to any other office-holder of the company.
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