Insolvency Act 1986

E+W+S

[F1[F2Giving of notices etc by office-holders]E+W+S

246BUse of websitesE+W+S

(1)Subject to subsection (2), where any provision of this Act or the rules requires the office-holder to give, deliver, furnish or send a notice or other document or information to any person, that requirement is satisfied by making the notice, document or information available on a website—

(a)in accordance with the rules, and

(b)in such circumstances as may be prescribed.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In this section, “the office-holder” means—

[F4(za)the monitor in relation to a moratorium under Part A1,]

(a)the liquidator, provisional liquidator, administrator, [F5receiver (appointed under section 51),] or administrative receiver of a company, or

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

[F6246CCreditors' ability to opt out of receiving certain noticesE+W+S

(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)

  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.]