PART 4ADMINISTRATION, ACCOUNTING AND DISCHARGE

Retention of documents by trustee under protected trust deed22

The trustee under a protected trust deed must retain the following documents (or copies of those documents) for a period of at least 12 months after the date of the trustee’s discharge under regulation 25—

a

the trust deed;

b

the statement mentioned in regulation 7(3)(c);

c

the notice mentioned in regulation 9;

d

the statement mentioned in regulation 10(1)(d);

e

all statements of objection or accession received from creditors;

f

the statement of anticipated realisations mentioned in regulation 10(1)(e);

g

any written agreement relating to the debtor’s heritable estate mentioned in regulation 15(2);

h

all reports sent under regulation 21(2);

i

any adjudication on a creditor’s claim;

j

any scheme of division among creditors;

k

any circular sent to creditors with accounts;

l

the debtor’s discharge from the trust deed in Form 5;

m

the application to creditors for the trustee’s discharge;

n

the statement of realisation and distribution mentioned in regulation 25(7)(b);

o

any decree, interlocutory decree, direction or order relating to the administration of the trust which is granted by the court;

p

any other document relating to the administration of the trust if it is a document which the Accountant, by notice to the trustee prior to the trustee’s discharge, identifies as a document the trustee should retain.