Article 44 — Establishment of creditors’ committees

1. Member States shall ensure that a creditors’ committee is established after the opening of insolvency proceedings if the general meeting of creditors so decides or requests or, where national law does not provide for a general meeting of creditors, if creditors so request in accordance with national law. 2. Member States may provide that a creditors’ committee can be established before the opening of insolvency proceedings in accordance with national law. Member States shall ensure that, when the creditors’ committee is established, the composition of the creditors’ committee is decided upon. 3. Member States may provide that a creditors’ committee is not established where, due to circumstances related to the nature and scope of the debtor’s business, they determine that the burdens of its establishment would outweigh the benefits. Member States shall ensure that those circumstances, which may include the low economic relevance of the insolvency estate, the low number of creditors, the small size of the debtor or the negative effect on the financial situation of the debtor caused by possible delays in the establishment of a creditors’ committee, are clearly set out in national law.