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The Insolvency Rules (Northern Ireland) 1991

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Rule 4.078(7)

SCHEDULE 1DEPOSIT PROTECTION BOARD'S VOTING RIGHTS

1.  This Schedule applies as does Rule 4.078.

2.  In relation to any meeting at which the Deposit Protection Board is under Rule 4.078 entitled to be represented, the Board may submit in the liquidation, instead of a proof, a written statement of voting rights (“the statement”).

3.  The statement shall contain details of—

(a)the names of creditors of the company in respect of whom an obligation of the Board has arisen or may reasonably be expected to arise as a result of the liquidation or proposed liquidation;

(b)the amount of the obligation so arising; and

(c)the total amount of all such obligations specified in the statement.

4.  The Board's statement shall, for the purpose of voting at a meeting (but for no other purpose), be treated in all respects as if it were a proof.

5.  Any voting rights which a creditor might otherwise exercise at a meeting in respect of a claim against the company are reduced by a sum equal to the amount of that claim in relation to which the Board, by virtue of its having submitted a statement, is entitled to exercise voting rights at that meeting.

6.  The Board may from time to time submit a further statement, and, if it does so, that statement supersedes any statement previously submitted.

Rule 12.08

SCHEDULE 2FORMS

INDEX

FORM NO.TITLE
PART 1: COMPANY VOLUNTARY ARRANGEMENTS
1.1Report of meetings approving voluntary arrangement
1.2Order of revocation or suspension of voluntary arrangement
1.3Voluntary arrangement's supervisor's abstract of receipts and payments
1.4Notice of completion of voluntary arrangement
PART 2: ADMINISTRATION PROCEDURE
2.01Petition for administration order
2.02Consent of administrator(s) to act
2.03Affidavit of service of petition for administration order
2.04Administration order
2.05Notice to administrator of administration order
2.06Notice of administration order (for newspaper or Belfast Gazette)
2.07Notice of administration order
2.08Administration order
2.09Notice requiring preparation and submission of administration statement of affairs
2.10Statement of affairs-administration
2.11Notice to directors and others to attend meeting of creditors
2.12Notice of creditors' meeting in administration proceedings
2.13Report of meeting of creditors
2.14Certificate of constitution [amended certificate] of creditors' committee
2.15Notice by administrator of a change in committee membership
2.16Administrator's abstract of receipts and payments
2.17Notice to court of resignation by administrator under Rule 2.57(1) of the Insolvency Rules (Northern Ireland) 1991
2.18Notice to court of resignation by administrator under Rule 2.57(2) of the Insolvency Rules (Northern Ireland) 1991
2.19Notice of order to deal with charged property
2.20Notice of discharge of administration order
2.21Notice of variation of administration order
2.22Statement of administrator's proposals
2.23Statement of revised proposals and notice of meeting to consider them
2.24Notice of result of meeting of creditors
PART 3: ADMINSTRATIVE RECEIVERSHIP
3.01Written acceptance of appointment by receiver
3.02Notice of appointment of administrative receiver (for newspaper or Belfast Gazette)
3.03Notice requiring preparation and submission of administrative receivership statement of affairs
3.04Statement of affairs-administrative receivership
3.05Statement of affairs in administrative receivership following report to creditors
3.06Certificate of constitution [amended certificate] of creditor's committee
3.07Administrative receiver's report as to change in membership of creditors' committee
3.08Receiver or manager or administrative receiver's abstract of receipts and payments
3.09Notice of administrative receiver's death
3.10Notice of order to dispose of charged property
3.11Notice of resignation of administrative receiver pursuant to Article 55(1) of the Insolvency (Northern Ireland) Order 1989
3.12Administrative receiver's report
PART 4: COMPANIES WINDING UP
4.01Statutory demand under Article 103(1)(a) or 185(1) of the Insolvency (Northern Ireland) Order 1989
4.02Winding-up petition
4.03Affidavit verifying winding-up petition
4.04Affidavit of service of winding-up petition at registered office
4.05Affidavit of service of winding-up petition other than at registered office or on a Part XXIII company
4.06Advertisement of winding-up petition
4.07Certificate that relevant provisions of Rules have been complied with
4.08Order for leave to withdraw winding-up petition
4.09Notice of intention to appear on petition
4.10List of persons intending to appear on the hearing of the petition
4.11Order for winding up by the court
4.12Order for winding up by the court following upon the discharge of an administration order
4.13Notice to official receiver of winding-up order
4.14Petition by contributory
4.15Notice to official receiver of appointment of provisional liquidator
4.16Order of appointment of provisional liquidator
4.17Notice requiring preparation and submission of statement of company's affairs
4.18Statement of affairs-winding up by court
4.19Statement of affairs-voluntary liquidator
4.20Statement of affairs-creditors' voluntary winding up
4.21Statement of company's affairs to registrar of companies
4.22Request by creditor(s) for a meeting of the company's creditors [and contributories]
4.23Notice to creditors of meeting of creditors
4.24Notice to contributories of meeting of contributories
4.25Request by contributory/contributories for a meeting of the company's contributories
4.26Proof of debt-general form
4.27Affidavit of debt
4.28Certificate of appointment of liquidator by meeting
4.29Certificate of appointment of two or more liquidators by meeting
4.30Order of court appointing liquidator
4.31Order of court appointing two or more liquidators
4.32Notice of appointment of liquidator in winding up by the court
4.33Notice to court of resignation of liquidator following meeting of creditors
4.34Notice of resignation as voluntary liquidator under Article 145(5) of the Insolvency (Northern Ireland) Order 1989
4.35Order of court giving liquidator leave to resign
4.36Copy order of court granting voluntary liquidator leave to resign
4.37Notice to court of resignation of liquidator following leave of the court
4.38Certificate of removal of liquidator
4.39Certificate of removal of voluntary liquidator
4.40Order of court removing liquidator or directing liquidator to summon a meeting of creditors for the purpose of his removal
4.41Notice of ceasing to act as voluntary liquidator
4.42Liquidator's application to the Department of Economic Development
4.43Notice to court of final meeting of creditors
4.44Notice of final meeting of creditors
4.45Notice of death of voluntary liquidator
4.46Notice to official receiver or Department of Economic Development by liquidator on loss of qualification as insolvency practitioner
4.47Notice of vacation of office by voluntary liquidator
4.48Certificate of constitution [amended certificate] of liquidation committee
4.49Notice of constitution of liquidation committee
4.50Report by liquidator of any change in membership of liquidation committee
4.51Liquidator's certificate that creditors paid in full
4.52Certificate that creditors have been paid in full
4.53Liquidator's certificate of continuance of liquidation committee
4.54Notice of disclaimer under Article 152 of the Insolvency (Northern Ireland) Order 1989 4.55 Notice to elect
4.56Notice of intended disclaimer to interested party
4.57Affidavit of liquidator in support of application for call
4.58Order giving leave to make a call
4.59Notice of call sanctioned by the court or the liquidation committee to be sent to contributory 4.60 Order for payment of call due from contributory
4.61Order of appointment of special manager
4.62Order of public examination
4.63Notice to official receiver by creditor requesting him to make application for the holding of a public examination
4.64Notice to official receiver by contributory requesting him to make application for the holding of a public examination
4.65Order as to examination of person who is suffering from mental disorder or physical affliction or disability
4.66Affidavit of verification of record of the public examination
4.67Order of adjournment of public examination
4.68Order appointing time for proceeding with public examination adjourned generally
4.69Liquidator's statement of receipts and payments
4.70Order of court on appeal against Department of Economic Development's decision under Article 168(4) or 169(3) of the Insolvency (Northern Ireland) Order 1989
4.71Members' voluntary winding up declaration of solvency embodying a statement of assets and liabilities
4.72Return of final meeting in a members' voluntary winding up
4.73Return of final meeting in a creditors' voluntary winding up
PART 5: INDIVIDUAL VOLUNTARY ARRANGEMENTS
5.1Order granting stay pending hearing of application for interim order
5.2Interim order of court under Article 226 of the Insolvency (Northern Ireland) Order 1989
5.3Order extending effect of interim order
5.4Alternative orders to be made at hearing to consider chairman's report
PART 6: BANKRUPTCY
6.01Statutory demand under Article 242(1)(a) of the Insolvency (Northern Ireland) Order 1989-debt for liquidated sum payable immediately: general form
6.02Statutory demand under Article 242(1)(a) of the Insolvency (Northern Ireland) Order 1989-debt for liquidated sum payable immediately following a judgment or order of a court
6.03Statutory demand under Article 242(2) of the Insolvency (Northern Ireland) Order 1989-debt payable at future date
6.04Application to set aside statutory demand
6.05Affidavit in support of application to set aside statutory demand
6.06Order setting aside statutory demand
6.07Creditor's bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately
6.08Creditor's bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date
6.09Creditor's bankruptcy petition on certificate of unenforceability of a judgment
6.10Bankruptcy petition for default in connection with voluntary arrangement
6.11Bankruptcy petition by the Law Society of Northern Ireland under Article 238(1)(d) of the Insolvency (Northern Ireland) Order 1989
6.12Affidavit of service of statutory demand where service acknowledged in writing
6.13Affidavit of personal service of statutory demand where service not acknowledged in writing
6.14Affidavit of substituted service of statutory demand where service not acknowledged in writing
6.15Affidavit of truth of statements in bankruptcy petition
6.16Order for substituted service of bankruptcy petition
6.17Substituted service of bankruptcy petition-notice in Belfast Gazette/newspaper
6.18Affidavit of personal service of bankruptcy petition
6.19Affidavit of substituted service of bankruptcy petition
6.20Notice by debtor of intention to oppose bankruptcy petition
6.21Notice of intention to appear on bankruptcy petition
6.22Certificate of continuing debt on hearing of bankruptcy petition
6.23List of creditors intending to appear on the hearing of bankruptcy petition
6.24Dismissal or withdrawal of bankruptcy petition
6.25Order of adjournment of bankruptcy petition
6.26Notice to debtor and creditors of order of adjournment of bankruptcy petition
6.27Order for substitution of petitioner on creditor's petition
6.28Change of carriage order
6.29Bankruptcy order on petition other than debtor's
6.30Debtor's bankruptcy petition
6.31Statement of affairs (debtor's petition)
6.32Order of appointment of insolvency practitioner to prepare a report under Article 248(1) of the Insolvency (Northern Ireland) Order 1989
6.33Bankruptcy order on debtor's petition
6.34Revocation of certificate for summary administration
6.35Order of appointment of interim receiver
6.36Statement of affairs (petition other than debtor's)
6.37Request by creditor(s) for a meeting of the bankrupt's creditors
6.38Notice to creditors of meeting of creditors
6.39Notice to bankrupt of meeting of creditors
6.40Proof of debt-general form
6.41Proof by existing trustee as a claim in later bankruptcy
6.42Affidavit of debt
6.43Certificate of appointment of trustee by creditors' meeting
6.44Certificate of appointment of two or more trustees by creditors' meeting
6.45Order of court appointing trustee
6.46Order of court appointing two or more trustees
6.47Notice to court of resignation of trustee following meeting of creditors
6.48Order of court giving trustee leave to resign
6.49Notice to court of resignation of trustee following leave of the court
6.50Certificate of removal of trustee
6.51Order of court removing trustee or directing trustee to summon a meeting of creditors for the purpose of his removal
6.52Trustee's application to the Department of Economic Development for his release
6.53Notice to court of final meeting of creditors
6.54Notice to official receiver by trustee on loss of qualification as insolvency practitioner
6.55Certificate of constitution [amended certificate] of creditors' committee
6.56Report by trustee of any change in membership of creditors' committee
6.57Order of appointment of special manager
6.58Order for public examination of bankrupt
6.59Request by creditor(s) for the holding of public examination of bankrupt
6.60Order as to examination of bankrupt who is suffering from mental disorder or physical affliction or disability
6.61Affidavit of verification of record of public examination of bankrupt
6.62Order of adjournment of public examination of bankrupt
6.63Order appointing time for proceeding with public examination of bankrupt adjourned generally
6.64Notice of disclaimer under Article 288 of the Insolvency (Northern Ireland) Order 1989
6.65Notice to elect
6.66Notice of intended disclaimer to interested party
6.67Notice to bankrupt of application under Article 283 of the Insolvency (Northern Ireland) Order 1989 for income payments order
6.68Order for income claimed under Article 283(3)(a) of the Insolvency (Northern Ireland) Order 1989
6.69Order for income claimed under Article 283(3)(b) of the Insolvency (Northern Ireland) Order 1989
6.70Order converting income payments order made under Article 283(3)(a) to an order under Article 283(3)(b) of the Insolvency (Northern Ireland) Order 1989
6.71Discharge or variation of order for income claimed under Article 283 of the Insolvency (Northern Ireland) Order 1989
6.72Order under Article 340(1) of the Insolvency (Northern Ireland) Order 1989
6.73Order under Article 340(2) of the Insolvency (Northern Ireland) Order 1989
6.74Order of annulment under Article 256 of the Insolvency (Northern Ireland) Order 1989
6.75Order of suspension of discharge under Article 253(3) of the Insolvency (Northern Ireland) Order 1989
6.76Order of court lifting suspension of discharge
6.77Certificate that order suspending discharge has been lifted
6.78Notice to court by bankrupt that he intends to dispute statements made by official receiver in his report under Article 262(2) of the Insolvency (Northern Ireland) Order 1989
6.79Order granting absolute/suspended discharge under Article 254(2)(b) or (c) of the Insolvency (Northern Ireland) Order 1989
6.80Certificate of discharge
6.81Notice to existing trustee of the presentation of a petition for a later bankruptcy
6.82Charging order under Article 286 of the Insolvency (Northern Ireland) Order 1989
6.83Order to Post Office under Article 342 of the Insolvency (Northern Ireland) Order 1989
PART 7: COURT PROCEDURE AND PRACTICE
7.01Originating application
7.02Ordinary application
7.03Declaration by official shorthand writer
7.04Appointment of shorthand writer to take examination under the Insolvency (Northern Ireland) Order 1989
7.05Declaration by shorthand writer
7.06Warrant for failure to attend examination under Article 113 of the Insolvency (Northern Ireland) Order 1989
7.07Warrant of arrest, etc. under Article 335 of the Insolvency (Northern Ireland) Order 1989
7.08Warrant of arrest, etc. under Article 200 or 337 of the Insolvency (Northern Ireland) Order 1989
7.09Order for production of person arrested under warrant issued under Articles 114, 200, 335 or 337 of the Insolvency (Northern Ireland) Order 1989
7.10Warrant of seizure of property under Article 336 of the Insolvency (Northern Ireland) Order 1989
7.11Search warrant under Article 336 of the Insolvency (Northern Ireland) Order 1989
7.12Order of discharge from custody under the Insolvency (Northern Ireland) Order 1989 [general]
7.13Affidavit in support of application for committal for contempt of court
7.14Warrant of committal for contempt
7.15Order of discharge from custody on contempt
7.16Order appointing person to act for incapacitated person
PART 8: PROXIES AND COMPANY REPRESENTATION
8.1Proxy—company or individual voluntary arrangements
8.2Proxy—administration
8.3Proxy—administrative receivership
8.4Proxy—winding up by the court or bankruptcy
8.5Proxy—members' or creditors' voluntary winding up
PART 9: EXAMINATION OF PERSONS CONCERNED IN COMPANY AND INDIVIDUAL INSOLVENCY
9.1Order under Article 200 or 337 of the Insolvency (Northern Ireland) Order 1989

Form 1.1

Form 1.2

Form 1.3

Form 1.4

Form 2.01

Form 2.02

Form 2.03

Form 2.04

Form 2.05

Form 2.06

Form 2.07

Form 2.08

Form 2.09

Form 2.10

Form 2.11

Form 2.12

Form 2.13

Form 2.14

Form 2.15

Form 2.16

Form 2.17

Form 2.18

Form 2.19

Form 2.20

Form 2.21

Form 2.22

Form 2.23

Form 2.24

Form 3.01

Form 3.02

Form 3.03

Form 3.04

Form 3.05

Form 3.06

Form 3.07

Form 3.08

Form 3.09

Form 3.10

Form 3.11

Form 3.12

Form 4.01

Form 4.02

Form 4.03

Form 4.04

Form 4.05

Form 4.06

Form 4.07

Form 4.08

Form 4.09

Form 4.10

Form 4.11

Form 4.12

Form 4.13

Form 4.14

Form 4.15

Form 4.16

Form 4.17

Form 4.18

Form 4.19

Form 4.20

Form 4.21

Form 4.22

Form 4.23

Form 4.24

Form 4.25

Form 4.26

Form 4.27

Form 4.28

Form 4.29

Form 4.30

Form 4.31

Form 4.32

Form 4.33

Form 4.34

Form 4.35

Form 4.36

Form 4.37

Form 4.38

Form 4.39

Form 4.40

Form 4.41

Form 4.42

Form 4.43

Form 4.44

Form 4.45

Form 4.46

Form 4.47

Form 4.49

Form 4.48

Form 4.50

Form 4.51

Form 4.52

Form 4.53

Form 4.54

Form 4.55

Form 4.56

Form 4.57

Form 4.58

Form 4.59

Form 4.60

Form 4.61

Form 4.62

Form 4.63

Form 4.64

Form 4.65

Form 4.66

Form 4.67

Form 4.68

Form 4.69

Form 4.70

Form 4.71

Form 4.72

Form 4.73

Form 5.1

Form 5.2

Form 5.3

Form 5.4

Form 6.01

Form 6.02

Form 6.03

Form 6.04

Form 6.05

Form 6.06

Form 6.07

Form 6.08

Form 6.09

Form 6.10

Form 6.11

Form 6.12

Form 6.13

Form 6.14

Form 6.15

Form 6.16

Form 6.17

Form 6.18

Form 6.19

Form 6.20

Form 6.21

Form 6.22

Form 6.23

Form 6.24

Form 6.25

Form 6.26

Form 6.27

Form 6.28

Form 6.29

Form 6.30

Form 6.31

Form 6.32

Form 6.33

Form 6.34

Form 6.35

Form 6.36

Form 6.37

Form 6.38

Form 6.39

Form 6.40

Form 6.41

Form 6.42

Form 6.43

Form 6.44

Form 6.45

Form 6.46

Form 6.47

Form 6.48

Form 6.49

Form 6.50

Form 6.51

Form 6.52

Form 6.53

Form 6.54

Form 6.55

Form 6.56

Form 6.57

Form 6.58

Form 6.59

Form 6.60

Form 6.61

Form 6.62

Form 6.63

Form 6.64

Form 6.65

Form 6.66

Form 6.67

Form 6.68

Form 6.69

Form 6.70

Form 6.71

Form 6.72

Form 6.73

Form 6.74

Form 6.75

Form 6.76

Form 6.77

Form 6.78

Form 6.79

Form 6.80

Form 6.81

Form 6.82

Form 6.83

Form 7.01

Form 7.02

Form 7.03

Form 7.04

Form 7.05

Form 7.06

Form 7.07

Form 7.08

Form 7.09

Form 7.10

Form 7.11

Form 7.12

Form 7.13

Form 7.14

Form 7.15

Form 7.16

Form 8.1

Form 8.2

Form 8.3

Form 8.4

Form 8.5

Form 9.1

Rule 12.22

SCHEDULE 3PUNISHMENT OF OFFENCES UNDER THE RULES

Note: In the fourth and fifth columns of this Schedule, “the statutory maximum” means the prescribed sum under section 32 of the Magistrates' Courts Act 1980 (c.43).

Rule creating offence.General nature of offence.Mode of prosecution.Punishment.Daily default fine (where applicable).
Rule 1.30.False representation or fraud for purpose of obtaining members' or creditors' consent to proposal for voluntary arrangement.1. on indictment.7 years or a fine, or both.
2. Summary.6 months or the statutory maximum, or both.
Rule 2.56(4).Administrator failing to send notification as to progress of administration.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Rule 3.33(5).Administrative receiver failing to send notification as to progress of receivership.Summary.One-fifth of the statutory maximum.One-fiftieth of the statutory maximum.
Rule 5.33.False representation or fraud for purpose of obtaining creditors' consent to proposal for voluntary arrangement.1. On indictment.7 years or a fine, or both
2. Summary.6 months or the statutory maximum, or both.
Rule 12.20.False representation of status for purpose of inspecting documents.1. On indictment.2 years or a fine, or both.
2. Summary.6 months or the statutory maximum, or both.

NOTE

The note In square brackets at the end of a Rule does not form part of these Rules "E.R." refers to a corresponding Rule in the Insolvency Rules 1986 which apply in England and Wales.

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