Section Sch5-2 — Companies Act 1993: Notice of meeting

2 Notice of meeting (1) Written notice of— (a) The time and place of every meeting to be held under clause 1(a) of this Schedule; or (b) The time and method of communication for every meeting to be held under clause 1(b) of this Schedule; or (c) The time and address for the return of voting papers for every meeting to be held under clause 1(a) or (b) or (c) of this Schedule— must be sent to every creditor entitled to attend the meeting, and to any liquidator not less than 5 working days before the meeting. (2) The notice must— (a) State the nature of the business to be transacted at the meeting in sufficient detail to enable a creditor to form a reasoned judgment in relation to it; and (b) Set out the text of any resolution to be submitted to the meeting; and (c) Include a voting paper in respect of each such resolution and voting and mailing instructions; and (d) State that if a creditor votes by casting a postal vote in respect of a resolution that is to be submitted to the meeting and a different resolution is submitted to the meeting,— (i) The creditor's postal vote is invalid in respect of that different resolution; but (ii) The creditor may vote, in respect of that different resolution, either by being present in person or by proxy. (3) An irregularity in or a failure to receive a notice of meeting of creditors does not invalidate anything done by a meeting of creditors if— (a) The irregularity or failure is not material; or (b) All the creditors entitled to attend and vote at the meeting attend the meeting without protest as to the irregularity or failure; or (c) All such creditors agree to waive the irregularity or failure. (4) If the meeting of creditors agrees, the chairperson may adjourn the meeting from time to time and from place to place. (5) An adjourned meeting must be held in the same place unless another place is specified in the resolution for the adjournment. (6) If a meeting of creditors under clause 1(a) or (b) of this Schedule is adjourned for less than 30 days, it is not necessary to give notice of the time and place of the adjourned meeting other than by announcement at the meeting which is adjourned. Clause 2(2)(c) was amended, as from 3 June 1998, by section 21(1) Companies Amendment Act 1998 (1998 No 31) by inserting the expression “ ; and ” . Clause 2(2)(d) was inserted, as from 3 June 1998, by section 21(1) Companies Amendment Act 1998 (1998 No 31).