• PART 3 PART 3 SUMMONING OF MEETINGS (GENERAL)

    • 4. Venue

      (1) The convener must have regard to the convenience of those invited to attend when fixing the venue for a meeting (including the resumption of an adjourned meeting).
      (2) The convenor shall summon a meeting to take place during the normal business hours of the Court (as determined from time to time by the rules and regulations relating to the Court) on a business day, unless the Court otherwise directs.

    • 5. Notice of meetings: content and accompanying documents

      (1) Notices summoning a meeting must specify the purpose of and venue for the meeting and —
      (a) in case of a meeting of creditors, state that claims, proofs (if not already delivered) and proxies must be delivered to a specified place not later than 12.00 noon on the business day before the date fixed for the meeting in order for creditors to be entitled to vote at the meeting;
      (b) in the case of a meeting of contributories, state that proxies must be delivered to a specified place not later than 12.00 noon on the business day before the date fixed for the meeting in order for contributories to be entitled to vote at the meeting.
      (2) Blank proxies complying with paragraph 37 (Blank proxies) of Part 11 (Proxies and corporate representation) of this Schedule must be delivered with every notice summoning a meeting.
      (3) This paragraph does not apply if the Court orders under paragraph 7 (Notice of meeting by advertisement only) of Part 3 (Summoning of meetings (general)) of this Schedule that notice of a meeting be given by advertisement only.

    • 6. Notice of meetings: when and to whom delivered

      (1) Notices summoning a meeting must be delivered at least 14 days before the day fixed for the meeting unless this paragraph provides to the contrary.
      (2) Notices must be delivered in accordance with the following table.
       
      Proceedings Meeting Persons to whom notice must be given Minimum notice required
      administration meeting of creditors all the creditors who had claims against the Company at the date when the company entered administration (except for those who have subsequently been paid in full) 14 days
      Deed of Company Arrangement meeting of creditors all the creditors 14 days
      administrative receivership meeting of creditors under Section 171(2) (Meeting of creditors) all the creditors who had claims against the Company at the date when the receiver was appointed 14 days
      creditors' voluntary winding-up or a compulsory winding-up by the Court meeting of creditors all the creditors 14 days
      creditors' voluntary winding-up or a compulsory winding-up by the Court meeting of creditors to consider whether a replacement should be appointed after the liquidator's resignation all the creditors 28 days
      compulsory winding-up by the Court meeting of creditors to consider whether to remove the liquidator all the creditors 14 days
      creditors' voluntary winding-up or a compulsory winding-up by the Court meeting of contributories every person appearing (by the company's records or otherwise) to be a contributory 14 days
      (3) This paragraph does not apply to meetings under Sections 183 (Effect of Company's insolvency) or 186 (Meetings of members and creditors) or where the Court orders under paragraph 7 (Notice of meeting by advertisement only) of Part 3 (Summoning of meetings (general)) of this Schedule that notice of a meeting be given by advertisement only.

    • 7. Notice of meeting by advertisement only

      (1) The Court may order that notice of a meeting be given by advertisement only and not by individual notice to the persons concerned.
      (2) In considering whether to make such an order, the Court will have regard to the cost of advertisement, the amount of assets available and the extent of the interest of creditors, members and contributories or any particular class of them.
      (3) In addition to the standard contents, the advertisement must state —
      (a) the venue for the meeting;
      (b) that claims, proofs (if not already delivered) and proxies must be delivered to a specified place not later than 12.00 noon on the business day before the date fixed for the meeting; and
      (c) the date of the Court's order that notice of the meeting be given by advertisement only.

    • 8. Publication of notice of meetings (except under Sections 183 and 186)

      (1) The convener of a meeting (other than a meeting under Sections 183 (Effect of Company's insolvency) or 186 (Meetings of members and creditors)) must publish a notice of the meeting on the Registrar's website or in an English language newspaper distributed in the United Arab Emirates and available in the Abu Dhabi Global Market stating —
      (a) the standard contents;
      (b) that a meeting of creditors or contributories or a Company meeting is to take place;
      (c) the venue fixed for the meeting;
      (d) the purpose of the meeting; and
      (e) the time and date by which, and place at which, those attending must deliver proxies and (in the case of a meeting of creditors) claims or proofs (if not already delivered) in order to be entitled to vote.
      (2) In a creditors' voluntary winding-up or a compulsory winding-up the notice must also state —
      (a) who summoned the meeting; and
      (b) if the meeting was summoned at the request of a creditor, the fact that it was so summoned and the Section of these Regulations under which it was summoned.
      (3) The notice must be published before or as soon as reasonably practicable after notice is delivered to those attending.
      (4) Information published under this paragraph may also be published in such other manner as the convener thinks fit.

    • 9. Publication of notice of meetings under Sections 183 and 186

      (1) A notice under Section 183 (Effect of Company's insolvency) or Section 186 (Meetings of members and creditors) must contain, in addition to the standard contents, a statement that the convenor shall furnish free of charge such information concerning the affairs of the Company as they may reasonably require and, in the case of Section 186 (Meetings of members and creditors), the place where a list of the names and addresses of the Company's creditors will be available for inspection free of charge.
      (2) The notice must also state the purpose of, and venue fixed for, the meeting, and the time and date by which, and place at which, those attending must deliver proxies and claims or proofs (if not already delivered) in order to be entitled to vote.

    • 10. Notice to Company officers and other people

      (1) In an administration, notice to attend an initial creditors' meeting must be delivered to every present or former officer of the Company whose presence the administrator thinks is required.
      (2) These notices must be delivered at the same time that notice is delivered to creditors in compliance with Section 61(1) (Requirement for initial creditors' meeting).
      (3) In a creditors' voluntary winding-up or a winding-up by the Court the convener must deliver a notice at least 14 days before the date fixed for the meeting to such of the persons referred to in Section 255(2)(a) to (e) (Duty to co-operate with Office-holder) as the convener thinks should be told of, or attend, the meeting.
      (4) Every person who receives a notice under sub-paragraph (1), and every person who receives a notice under sub-paragraph (3) which states that that person is required to attend the meeting, must attend.

    • 11. Non-receipt of notice of meeting

      Where a meeting is summoned by notice in accordance with these Regulations, the meeting is presumed to have been duly summoned and held, even if not everyone to whom the notice is to be delivered has received it.