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The Insolvency (Scotland) (Receivership and Winding up) Rules 2018

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Transfer and disposal of company’s books, papers and other records

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1.55.—(1) Where insolvency proceedings have terminated and other insolvency proceedings under Parts 2 to 5 of the Act have commenced in relation to the same company, the office-holder appointed in the original proceedings, must, before the expiry of the earlier of—

(a)the period of 30 days beginning with the date the office-holder in the subsequent insolvency proceedings makes a request to the original office-holder to do so; or

(b)the period of 6 months after the relevant date,

deliver to the office-holder appointed in the subsequent proceedings the books, papers and other records of the company.

(2) In the case of receivership, where—

(a)the original proceedings have terminated; and

(b)no subsequent proceedings have commenced within the period of 6 months after the relevant date in relation to the original proceedings,

the receiver may dispose of the books, papers and records of the company after the expiry of the period of 6 months referred to in sub-paragraph (b), but only in accordance with paragraph (3).

(3) Directions to that effect may be given by—

(a)the members of the company by extraordinary resolution; or

(b)the court.

(4) Where a company is being wound up, the liquidator must dispose of the books, papers and records of the company either in accordance with—

(a)in the case of a winding up by the court, directions of the liquidation committee, or, if there is no such committee, directions of the court;

(b)in the case of a members’ voluntary winding up, directions of the members by extraordinary resolution; and

(c)in the case of a creditors’ voluntary winding up, directions of the liquidation committee, or, if there is no such committee, of the creditors given at or before the end of the period within which a creditor may object to release of the liquidator following a final account under section 106 (see rule 4.30(2)(c) and (d)),

or, if, by the date which is 12 months after the dissolution of the company, no such directions have been given, after that date in such a way as the liquidator deems appropriate.

(5) In this Rule, “the relevant date” means—

(a)in the case of a receivership, the date on which the receiver resigns and the receivership terminates without a further receiver being appointed; and

(b)in the case of a winding up, the date of dissolution of the company.

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