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

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Receiver’s report – notice to unsecured creditors and invitation to form a creditors’ committee

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2.15.—(1) This rule applies where under section 67(2)(a) the receiver sends a copy of the report under section 67(1) to all unsecured creditors of the company (so far as the receiver is aware of their addresses), other than opted-out creditors.

(2) The receiver must deliver with the copy report, a notice inviting the creditors to decide whether a creditors’ committee should be established if sufficient creditors are willing to be members of the committee.

(3) The notice must also invite nominations for membership of the committee, such nominations to be received by the receiver by a date to be specified in the notice.

(4) The notice must—

(a)contain identification details for the company; and

(b)state that any nominations—

(i)must be delivered to the receiver by the specified date; and

(ii)can only be accepted if the receiver is satisfied as to the creditor’s eligibility under rule 10.4.

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