Companies Act 2014 section 649

Disclosure of interest by creditors etc. at creditors' meeting

Section 649 requires anyone at a creditors' meeting who has a personal or professional connection to a proposed liquidator to disclose that connection before any vote on the liquidator's appointment takes place.

  • Any creditor (or their authorised representative) who has a family or professional connection to a proposed liquidator must disclose this to the chairperson before the appointment vote, and the chairperson must relay the details to the meeting.
  • A "connection" means being a parent, spouse, civil partner, brother, sister, or child of the proposed liquidator, or being employed by or in partnership with them β€” this extends to a child of the proposed liquidator's civil partner who ordinarily resides with them.
  • If the chairperson of the creditors' meeting has such a connection, they must personally disclose it to the meeting along with full particulars.
  • Failure to comply is a criminal offence (category 3), and the court may take any breach into account when exercising its power to appoint or remove a liquidator under sections 588 or 638.

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