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

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This is the original version (as it was originally made).

CHAPTER 3Information to be given by receiver when appointed (section 65(1))

[Note: a document required by the Act or these Rules must also contain the standard contents required as set out in Part 1.]

Notice of appointment of receiver(1)

2.5.—(1) The notice which the receiver is required under section 65(1) to send to the company and, unless the court otherwise directs, the creditors of the company (so far as the receiver is aware of their addresses), must contain—

(a)identification details for the company;

(b)the registered office of the company;

(c)any principal trading address of the company if this is different from its registered office;

(d)any other name under which the company was registered in the period of 12 months before the date of the receiver’s appointment;

(e)any other name or style (not being a registered name)—

(i)under which the company has carried on business, and

(ii)in which any debt owed to a creditor was incurred;

(f)identification details for the receiver;

(g)contact details for the receiver;

(h)the receiver’s IP number;

(i)the name of any person other than the receiver who may be contacted about the insolvency proceedings;

(j)the date of the receiver’s appointment;

(k)the name of the person who made the appointment;

(l)the information about the property over which the receiver is appointed described in paragraph (3).

(2) The notice which the receiver is required under section 65(1) to publish must contain—

(a)the information under sub-paragraph (a) to (l) of paragraph (1) above; and

(b)where applicable, the name of the court making the appointment and any number assigned to those proceedings by the court.

(3) The information about the property over which the receiver is appointed is—

(a)where the receiver is appointed over the whole or substantially the whole of the company’s property, a statement to that effect; or

(b)where the receiver is not appointed over the whole or substantially the whole of the company’s property, a description of the property of the company over which the receiver is appointed.

(1)

Rule 2.5 is included in the Rules by virtue of article 2 of S.S.I. 2017/209 - see section 70 and 71 of the Act.

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