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The Protected Trust Deeds (Scotland) Regulations 2013

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Retention of documents by trustee under protected trust deed

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22.  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.

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