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

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Conversion into other winding up proceedings: application

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11.2.—(1) This rule applies where a member State liquidator in main proceedings applies to the court under Article 51 of the EU Regulation for conversion of winding up proceedings of one kind into winding up proceedings of another kind.

(2) A statement containing a statutory declaration made by or on behalf of the member State liquidator must be lodged with the court in support of the application.

(3) The statement must state—

(a)that main proceedings have been opened in relation to the company in a member State other than the United Kingdom;

(b)the belief of the person making the statement that conversion into other winding up proceedings would be most appropriate as regards the interests of the local creditors and coherence between the main and secondary insolvency proceedings;

(c)the kind of winding up proceedings into which, in the opinion of the person making the statement, the winding up proceedings should be converted; and

(d)all other matters that, in the opinion of the member State liquidator, would assist the court in—

(i)deciding whether to make such an order, and

(ii)considering whether and, if so, what consequential provision to include.

(4) The application and the statement must be served upon the company.

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