SCHEDULES

SCHEDULE 5Provisions Capable of Inclusion in Company Insolvency Rules

Information and records

20

Provision requiring registrars and other officers of courts having jurisdiction in England and Wales in relation to, or to matters connected with or arising out of, the insolvency or winding up of companies—

a

to keep books and other records with respect to the exercise of that jurisdiction ; and

b

to make returns to the Secretary of State of the business of those courts.

21

Provision requiring a creditor, member or contributory or such a committee as is mentioned in paragraph 10 above to be supplied (on payment in prescribed cases of the prescribed fee) with such information and with copies of such documents as may be prescribed.

22

Provision as to the manner in which public examinations under section 68 of this Act and proceedings under section 100 of this Act are to be conducted, as to the circumstances in which records of such examinations or proceedings are to be made available to prescribed persons and as to the costs of such examinations and proceedings.

23

Provision imposing requirements with respect to—

a

the preparation and keeping by the liquidator, administrator or administrative receiver of a company, or by the supervisor of a composition or scheme approved under Chapter II of Part II of this Act, of prescribed books, accounts and other records ;

b

the production of those books, accounts and records for inspection by prescribed persons ;

c

the auditing of accounts kept by the liquidator, administrator or administrative receiver of a company or by the supervisor of such a composition or scheme ; and

d

the issue by the administrator or administrative receiver of a company of such a certificate as is mentioned in section 22(3)(b) of the [1983 c. 55.] Value Added Tax Act 1983 (refund of tax in cases of bad debts) and the supply of copies thereof to creditors of the company.

24

Provision requiring the person who is the supervisor of a composition or scheme approved under Chapter II of Part II of this Act, when it appears to him that the composition or scheme has been fully implemented and that nothing remains to be done by him under the composition or scheme—

a

to give notice of that fact to persons bound by the composition or scheme ; and

b

to report to those persons on the carrying out of the functions conferred on the supervisor of the composition or scheme.

25

Provision as to the manner in which the liquidator of a company is to act in relation to the books, papers and other records of the company, including provision authorising their disposal.

26

Provision imposing requirements in connection with the carrying out of functions under section 12(5) of this Act (including, in particular, requirements with respect to the making of periodic returns).