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

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Introductory rule 5

SCHEDULE 3Punishment of offences under these Rules

This schedule has no associated Policy Notes
Rule creating offenceGeneral nature of the offenceMode of prosecutionMaximum penaltyDaily default fine (if applicable)
1.51(1)Falsely claiming to be a person entitled to inspect a document with the intention of gaining sight of it.1. On indictment.2 years’ imprisonment, or a fine, or both.Not applicable.
2. Summary.12 months’ imprisonment, or a fine not exceeding the statutory maximum, or both.
2.16(7)Receiver failing to deliver required accounts summary of receipts and payments.Summary.Level 3 on the standard scale.One tenth of level 3 on the standard scale.
4.14(13)Directors failing to seek a decision on the nomination of a liquidator1. On indictment.1 A fineNot applicable
2. Summary.2. A fine not exceeding the statutory maximum.
7.17Producing false evidence; failing to report false evidence1. On indictment2 years’ imprisonment, or a fine, or both.Not applicable
2. Summary12 months’ imprisonment, or a fine not exceeding the statutory maximum, or both.
7.18(7)Failing to comply with an order requiring attendance for private examinationSummary3 months’ imprisonment; a fine not exceeding level 5 on the standard scale, or both.Not applicable

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