Companies Act 2006, section 896

Court order for holding of meeting

Part 26 Arrangements and reconstructions: general

(1)The court may, on an application under this section, order a meeting of the creditors or class of creditors, or of the members of the company or class of members (as the case may be), to be summoned in such manner as the court directs.

(2)An application under this section may be made by—

(a)the company,

(b)any creditor or member of the company,

[F1148 (c)if the company is being wound up, the liquidator, or

(d)if the company is in administration, the administrator.F1148]

[F1149 (3)Section 323 (representation of corporations at meetings) applies to a meeting of creditors under this section as to a meeting of the company (references to a member of the company being read as references to a creditor).F1149]

[F1150 (4)This section is subject to section 899A (moratorium debts, etc).F1150]

Definitions used in section 896

the court

(1) Except as otherwise provided, in the Companies Acts “the court” means—

(a)in England and Wales, the High Court or the county court;

(b)in Scotland, the Court of Session or the sheriff court;

(c)in Northern Ireland, the High Court.

Defined in s.1156(1) · see it in the full Act

(2) The provisions of the Companies Acts conferring jurisdiction on “the court” as defined above have effect subject to any enactment or rule of law relating to the allocation of jurisdiction or distribution of business between courts in any part of the United Kingdom.

Defined in s.1156(2) · see it in the full Act
member

(2) In sub-paragraph (1) “member” has the same meaning as it has by virtue of section 7(1) of that Act .

Defined in Sch.2 Pt.1 · see it in the full Act
company

“company”—

(a)

in section 900 (powers of court to facilitate reconstruction or amalgamation) means a company within the meaning of this Act, and

(b)

elsewhere in this Part means any company liable to be wound up under the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).

Defined in s.895(2) · see it in the full Act

“company” means a company formed and registered under this Act, that is—

(a)

a company so formed and registered after the commencement of this Part, or

(b)

a company that immediately before the commencement of this Part—

(i)

was formed and registered under the Companies Act 1985 (c. 6) or the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)), or

(ii)

was an existing company for the purposes of that Act or that Order,

(which is to be treated on commencement as if formed and registered under this Act).

Defined in s.1(1) · see it in the full Act

(4) In this section and that Schedule “company” includes any body corporate.

Defined in s.1159(4) · see it in the full Act

Cases considering section 896 (56)

SCUR-Alpha 1092 GmbH, Re

[2026] EWHC 1414 (Ch) · 10 June 2026

Applies the convening power to order meetings of creditors or classes of creditors to consider the scheme.

Deutsche Glasfaser Group GmbH, Re

[2026] EWHC 1467 (Ch) · 19 May 2026

Applies the convening jurisdiction for a scheme meeting. The court granted an order convening a meeting of the company’s scheme creditors, subject to practical amendments concerning documentation and attendance deadlines (see paras [1], [54]).

Standard Profil Automotive GmbH, Re

[2025] EWHC 2133 (Ch) · 29 July 2025

The court applied section 896(1) as conferring power to order a meeting of creditors or a class of creditors on an application by the company. The power supported the convening order. (see para [44])

36 more judgments, and what each says about section 896, are in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F1148S. 896(2)(c)(d) substituted (6.4.2008) for s. 896(2)(c) and preceding word by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 249(2) (with arts. 6, 11, 12)
  2. F1149S. 896(3) added (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 249(3) (with arts. 6, 11, 12)
  3. F1150S. 896(4) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 35(3) (with ss. 2(2), 5(2))

Modifications

  1. C1311Ss. 895-900 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 45 (as amended: (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), reg. 1(1), Sch. 3 para. 2(3)(a)(b)(c) (which amending S.I. is revoked (16.2.2021) by S.I. 2021/60, reg. 1(1), 2); and (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 3 para. 2(2)(3) (with reg. 4(2))))
  2. C1312S. 896 restricted (24.3.2022) by Commercial Rent (Coronavirus) Act 2022 (c. 12), ss. 25(2)(c), 31(4) (with s. 30)