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The Investment Bank Special Administration (Scotland) Rules 2011

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Statement of claim

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126.—(1) A creditor’s statement of claim under this rule shall set out—

(a)the name of the investment bank and the date on which it entered special administration;

(b)the name and address of the creditor;

(c)the name and address of any person acting on behalf of that creditor; and

(d)the total amount of debt claimed for, including particulars of the debt.

(2) In this rule, “particulars of the debt” means—

(a)details of the nature of the debt, when it was incurred and the due date for payment;

(b)the amount of the debt, including the principal debt and interest due on the debt at the due date (if the creditor is entitled to claim interest);

(c)VAT on the debt and whether the VAT is being claimed back from HM Revenue and Customs;

(d)details of any preference under Schedule 6 to the 1986 Act being claimed for the debt;

(e)details of any security being held in respect of the debt including—

(i)the subjects covered,

(ii)the date on which the security was given,

(iii)the value of that security and whether the creditor is surrendering or intends to surrender this security,

and in giving the total amount of the debt, the creditor shall deduct the value of any security as estimated by that creditor, unless the creditor surrenders the security.

(3) The particulars of the debt submitted under this rule must be signed by the creditor, or a person acting on behalf of the creditor, certifying that the particulars of debt are true, complete and accurate to the best of the creditor’s knowledge and belief.

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