The Insolvency (England and Wales) Rules 2016

INTRODUCTORY RULES

1Citation and commencement

3Extent and application

4Transitional and savings provisions

5Power of the Secretary of State to regulate certain matters

6Punishment of offences

PART 1SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS

CHAPTER 1Scope of these Rules

CHAPTER 2Interpretation

[Note: the terms which are defined in rule 1.2 include...

1.2Defined terms

1.3Calculation of time periods

CHAPTER 3Form and content of documents

1.4Requirement for writing and form of documents

1.5Authentication

1.6Information required to identify persons and proceedings etc.

1.7Reasons for stating that proceedings are or will be main, secondary etc. under the EU Regulation

1.8Prescribed format of documents

1.9Variations from prescribed contents

CHAPTER 4Standard contents of Gazette notices and the Gazette as evidence etc.

[Note: (1) the requirements in Chapter 4 must be read...

(2) this Chapter does not apply to the notice of...

1.10Contents of notices to be gazetted under the Act or Rules

1.11Standard contents of all notices

1.12Gazette notices relating to a company

1.13Gazette notices relating to a bankruptcy

1.14The Gazette: evidence, variations and errors

CHAPTER 5Standard contents of notices advertised otherwise than in the Gazette

[Note: the requirements in Chapter 5 must be read with...

1.15Standard contents of notices advertised otherwise than in the Gazette

1.16Non-Gazette notices relating to a company

1.17Non-Gazette notices relating to a bankruptcy

1.18Non-Gazette notices: other provisions

CHAPTER 6Standard contents of documents to be delivered to the registrar of companies

[Note: the requirements in Chapter 6 must be read with...

1.19Standard contents of documents delivered to the registrar of companies

1.20Registrar of companies: covering notices

1.21Standard contents of all documents

1.22Standard contents of documents relating to the office of office-holders

1.23Standard contents of documents relating to other documents

1.24Standard contents of documents relating to court orders

1.25Standard contents of returns or reports of decisions

1.26Standard contents of returns or reports of matters considered by company members by correspondence

1.27Standard contents of documents relating to other events

CHAPTER 7Standard contents of notices for delivery to other persons etc.

[Note: the requirements in Chapter 7 must be read with...

1.28Standard contents of notices to be delivered to persons other than the registrar of companies

1.29Standard contents of all notices

1.30Standard contents of notices relating to the office of office-holders

1.31Standard contents of notices relating to documents

1.32Standard contents of notices relating to court proceedings or orders

1.33Standard contents of notices of the results of decisions

1.34Standard contents of returns or reports of matters considered by company members by correspondence

CHAPTER 8Applications to the court

[Note: the requirements in Chapter 8 must be read with...

1.35Standard contents and authentication of applications to the court under Parts 1 to 11 of the Act

CHAPTER 9Delivery of documents and opting out (sections 246C, 248A , 379C and 383A )

Application of Chapter

1.36(1) This Chapter applies where a document is required under...

1.37Delivery to the creditors and opting out

1.38Creditor's election to opt out

1.39Office-holder to provide information to creditors on opting-out

1.40Delivery of documents to authorised recipients

1.41Delivery of documents to joint office-holders

1.42Postal delivery of documents

1.43Delivery by document exchange

1.44Personal delivery of documents

1.45Electronic delivery of documents

1.46Electronic delivery of documents to the court

1.47Electronic delivery of notices to enforcement officers

1.48Electronic delivery by office-holders

Use of website by office-holder to deliver a particular document (sections 246B and 379B)

1.49(1) This rule applies for the purposes of sections 246B...

1.50General use of website to deliver documents

1.51Retention period for documents made available on websites

1.52Proof of delivery of documents

1.53Delivery of proofs and details of claims

CHAPTER 10Inspection of documents, copies and provision of information

1.54Right to copies of documents

1.55Charges for copies of documents provided by the office-holder

1.56Offence in relation to inspection of documents

1.57Right to list of creditors

1.58Confidentiality of documents: grounds for refusing inspection

PART 2COMPANY VOLUNTARY ARRANGEMENTS (CVA)

CHAPTER 1Preliminary

2.1Interpretation

CHAPTER 2The proposal for a CVA (section 1)

[Note: (1) section 1 of the Act sets out who...

(2) a document required by the Act or these Rules...

2.2Proposal for a CVA: general principles and amendment

2.3Proposal: contents

CHAPTER 3Procedure for a CVA without a moratorium

[Note: a document required by the Act or these Rules...

2.4Procedure for proposal where the nominee is not the liquidator or the administrator (section 2)

2.5Information for the official receiver

2.6Statement of affairs (section 2(3))

2.7Application to omit information from statement of affairs delivered to creditors

2.8Additional disclosure for assistance of nominee where the nominee is not the liquidator or administrator

2.9Nominee's report on proposal where the nominee is not the liquidator or administrator (section 2(2))

2.10Replacement of nominee (section 2(4))

CHAPTER 4Procedure for a CVA with a moratorium

[Note: a document required by the Act or these Rules...

2.11Statement of affairs (paragraph 6(1)(b) of Schedule A1)

2.12Application to omit information from a statement of affairs

2.13The nominee's statement (paragraph 6(2) of Schedule A1)

2.14Documents filed with court to obtain a moratorium (paragraph 7(1) of Schedule A1)

2.15Notice and advertisement of beginning of a moratorium

2.16Notice of continuation of a moratorium where physical meeting of creditors is summoned (paragraph 8(3B) of Schedule A1)

2.17Notice of decision extending or further extending a moratorium (paragraph 36 of Schedule A1)

2.18Notice of court order extending or further extending or continuing or renewing a moratorium (paragraph 34(2) of Schedule A1)

2.19Advertisement of end of a moratorium (paragraph 11(1) of Schedule A1)

2.20Disposal of charged property etc. during a moratorium

2.21Withdrawal of nominee's consent to act (paragraph 25(5) of Schedule A1)

2.22Application to the court to replace the nominee (paragraph 28 of Schedule A1)

2.23Notice of appointment of replacement nominee

2.24Applications to court to challenge nominee's actions etc. (paragraphs 26 and 27 of Schedule A1)

CHAPTER 5Consideration of the proposal by the company members and creditors

[Note: a document required by the Act or these Rules...

2.25Consideration of proposal: common requirements (section 3)

2.26Members' consideration at a meeting

2.27Creditors' consideration by a decision procedure

2.28Timing of decisions on proposal

2.29Creditors' approval of modified proposal

2.30Notice of members' meeting and attendance of officers

2.31Requisition of physical meeting by creditors

2.32Non-receipt of notice by members

2.33Proposal for alternative supervisor

2.34Chair at meetings

2.35Members' voting rights

2.36Requisite majorities of members

2.37Notice of order made under section 4A(6) or paragraph 36(5) of Schedule A1

2.38Report of consideration of proposal under section 4(6) and (6A) or paragraph 30(3) and (4) of Schedule A1

CHAPTER 6Additional matters concerning and following approval of CVA

[Note: a document required by the Act or these Rules...

2.39Hand-over of property etc. to supervisor

2.40Revocation or suspension of CVA

2.41Supervisor's accounts and reports

2.42Production of accounts and records to the Secretary of State

2.43Fees and expenses

2.44Termination or full implementation of CVA

CHAPTER 7Time recording information

[Note: a document required by the Act or these Rules...

2.45Provision of information

PART 3ADMINISTRATION

CHAPTER 1Interpretation for this Part

[Note: a document required by the Act or these Rules...

3.1Interpretation for Part 3

3.2Proposed administrator's statement and consent to act

CHAPTER 2Appointment of administrator by Court

[Note: a document required by the Act or these Rules...

3.3Administration application (paragraph 12 of Schedule B1)

3.4Administration application made by the directors

3.5Administration application by the supervisor of a CVA

3.6Witness statement in support of administration application

3.7Filing of application

3.8Service of application

3.9Notice to enforcement agents charged with distress or other legal process, etc.

3.10Notice of other insolvency proceedings

3.11Intervention by holder of qualifying floating charge (paragraph 36(1)(b) of Schedule B1)

3.12The hearing

3.14Order on an application under paragraph 37 or 38 of Schedule B1

3.15Notice of administration order

CHAPTER 3Appointment of administrator by holder of floating charge

[Note: a document required by the Act or these Rules...

3.16Notice of intention to appoint

3.17Notice of appointment

3.18Filing of notice with the court

3.19Appointment by floating charge holder after administration application made

3.20Appointment taking place out of court business hours: procedure

3.21Appointment taking place out of court business hours: content of notice

3.22Appointment taking place out of court business hours: legal effect

CHAPTER 4Appointment of administrator by company or directors

[Note: a document required by the Act or these Rules...

3.23Notice of intention to appoint

3.24Notice of appointment after notice of intention to appoint

3.25Notice of appointment without prior notice of intention to appoint

3.26Notice of appointment: filing with the court

CHAPTER 5Notice of administrator's appointment

[Note: a document required by the Act or these Rules...

3.27Publication of administrator's appointment

CHAPTER 6Statement of affairs

[Note: a document required by the Act or these Rules...

3.28Interpretation

Statement of affairs: notice requiring and delivery to the administrator (paragraph 47(1) of Schedule B1)

3.29(1) A requirement under paragraph 47(1) of Schedule B1 for...

Statement of affairs: content (paragraph 47 of Schedule B1)

3.30(1) The statement of the company's affairs must be headed...

3.31Statement of affairs: statement of concurrence

3.32Statement of affairs: filing

3.33Statement of affairs: release from requirement and extension of time

3.34Statement of affairs: expenses

CHAPTER 7Administrator's proposals

[Note: a document required by the Act or these Rules...

3.35Administrator's proposals: additional content

3.36Administrator's proposals: statement of pre-administration costs

3.37Advertising administrator's proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1)

3.38Seeking approval of the administrator's proposals

3.39Invitation to creditors to form a creditors' committee

3.40Notice of extension of time to seek approval

3.41Notice of the creditors' decision on the administrator's proposals (paragraph 53(2))

3.42Administrator's proposals: revision

3.43Notice of result of creditors' decision on revised proposals (paragraph 54(6))

CHAPTER 8Limited disclosure of statements of affairs and proposals

[Note: a document required by the Act or these Rules...

3.44Application of Chapter

3.45Orders limiting disclosure of statement of affairs etc.

3.46Order for disclosure by administrator

3.47Rescission or amendment of order for limited disclosure

3.48Publication etc. of statement of affairs or statement of proposals

CHAPTER 9Disposal of charged property

[Note: a document required by the Act or these Rules...

3.49Disposal of charged property

CHAPTER 10Expenses of the Administration

[Note: a document required by the Act or these Rules...

3.51Order of priority

3.52Pre-administration costs

CHAPTER 11Extension and ending of administration

[Note: a document required by the Act or these Rules...

3.53Interpretation

3.54Application to extend an administration and extension by consent (paragraph 76(2) of Schedule B1)

3.55Notice of automatic end of administration (paragraph 76 of Schedule B1)

3.56Notice of end of administration when purposes achieved (paragraph 80(2) of Schedule B1)

3.57Administrator's application for order ending administration (paragraph 79 of Schedule B1)

3.58Creditor's application for order ending administration (paragraph 81 of Schedule B1)

3.59Notice by administrator of court order

Moving from administration to creditors' voluntary winding up (paragraph 83 of Schedule B1)

3.60(1) This rule applies where the administrator delivers to the...

3.61Moving from administration to dissolution (paragraph 84 of Schedule B1)

CHAPTER 12Replacing the administrator

[Note: a document required by the Act or these Rules...

3.62Grounds for resignation

3.63Notice of intention to resign

3.64Notice of resignation (paragraph 87 of Schedule B1)

3.65Application to court to remove administrator from office

3.66Notice of vacation of office when administrator ceases to be qualified to act

3.67Deceased administrator

3.68Application to replace

3.69Appointment of replacement or additional administrator

3.70Administrator's duties on vacating office

PART 4RECEIVERSHIP

[Note: for the application of this Part see introductory rule...

CHAPTER 1Appointment of joint receivers or managers to whom Part 3 of the Act applies (other than those appointed under section 51 (Scottish receiverships))

[Note: a document required by the Act or these Rules...

4.1Receivers or managers appointed under an instrument: acceptance of appointment (section 33)

CHAPTER 2Administrative receivers (other than in Scottish receiverships)

[Note: a document required by the Act or these Rules...

4.2Application of Chapter 2

4.3Interpretation

4.4Administrative receiver's security

4.5Publication of appointment of administrative receiver (section 46(1))

Requirement to provide a statement of affairs (section 47(1))

4.6(1) A requirement under section 47(1) for a nominated person...

Statement of affairs: contents and delivery of copy (section 47(2))

4.7(1) The statement of affairs must be headed “Statement of...

4.8Statement of affairs: statement of concurrence

4.9Statement of affairs: retention by administrative receiver

4.10Statement of affairs: release from requirement and extension of time (section 47(5))

4.11Statement of affairs: expenses

4.12Limited disclosure

4.13Administrative receiver's report to the registrar of companies and secured creditors (section 48(1))

4.14Copy of report for unsecured creditors (section 48(2))

4.15Invitation to creditors to form a creditors' committee

4.16Disposal of charged property (section 43(1))

4.17Summary of receipts and payments

4.18Resignation

4.19Deceased administrative receiver

4.20Other vacation of office

4.21Notice to registrar of companies (section 45(4))

CHAPTER 3Non-administrative receivers and the prescribed part

[Note: a document required by the Act or these Rules...

4.22Application of Chapter 3

4.23Report to creditors

4.24Receiver to deal with prescribed part

PART 5MEMBERS' VOLUNTARY WINDING UP

CHAPTER 1Statutory declaration of solvency (section 89)

[Note: a document required by the Act or these Rules...

Statutory declaration of solvency: requirements additional to those in section 89

5.1(1) The statutory declaration of solvency required by section 89...

CHAPTER 2The liquidator

[Note: a document required by the Act or these Rules...

5.2Appointment by the company

5.3Meetings in members' voluntary winding up of authorised deposit-takers

5.4Appointment by the court (section 108)

5.5Cost of liquidator's security (section 390(3))

5.6Liquidator's resignation

5.7Removal of liquidator by the court

5.8Removal of liquidator by company meeting

5.9Delivery of proposed final account to members (section 94)

5.10Final account prior to dissolution (section 94)

5.11Deceased liquidator

5.12Loss of qualification as insolvency practitioner

5.13Liquidator's duties on vacating office

5.14Application by former liquidator to the Secretary of State for release (section 173(2)(b))

5.15Power of court to set aside certain transactions entered into by liquidator

5.16Rule against improper solicitation by or on behalf of the liquidator

CHAPTER 3Special manager

[Note: a document required by the Act or these Rules...

5.17Application for and appointment of special manager (section 177)

5.19Failure to give or keep up security

5.21Termination of appointment

CHAPTER 4Conversion to creditors' voluntary winding up

5.22Statement of affairs (section 95(3))

PART 6CREDITORS' VOLUNTARY WINDING UP

CHAPTER 1Application of Part 6

6.1Application of Part 6

CHAPTER 2Statement of affairs and other information

[Note: a document required by the Act or these Rules...

Statement of affairs made out by the liquidator under section 95(1A)

(2) the “official rate” referred to in paragraph (2)(c) is...

6.2(1) This rule applies to the statement of affairs made...

Statement of affairs made out by the directors under section 99(1)

6.3(1) This rule applies to the statement of affairs made...

6.4Additional requirements as to statements of affairs

6.5Statement of affairs: statement of concurrence

6.6Order limiting disclosure of statement of affairs etc.

6.7Expenses of statement of affairs and decisions sought from creditors

6.8Delivery of accounts to liquidator (section 235)

6.9Expenses of assistance in preparing accounts

CHAPTER 3Nomination and appointment of liquidators and information to creditors

[Note: a document required by the Act or these Rules...

6.10Application of the rules in this Chapter

6.11Nomination of liquidator and information to creditors on conversion from members' voluntary winding up (section 96)

6.12Creditors' decision on appointment other than at a meeting (conversion from members' voluntary winding up)

6.13Information to creditors and contributories (conversion of members' voluntary winding up into creditors' voluntary winding up)

6.14Information to creditors and appointment of liquidator

6.15Information to creditors and contributories

6.16Further information where administrator becomes liquidator (paragraph 83(3) of Schedule B1)

6.17Report by director etc.

6.18Decisions on nomination

6.19Invitation to creditors to form a liquidation committee

CHAPTER 4The liquidator

[Note: a document required by the Act or these Rules...

6.20Appointment by creditors or by the company

6.21Power to fill vacancy in office of liquidator

6.22Appointment by the court (section 100(3) or 108)

6.23Advertisement of appointment

6.24Cost of liquidator's security (section 390(3))

6.25Liquidator's resignation and replacement

6.26Removal of liquidator by creditors

6.27Removal of liquidator by the court

6.28Final account prior to dissolution (section 106)

6.29Deceased liquidator

6.30Loss of qualification as insolvency practitioner

6.31Vacation of office on making of winding-up order

6.32Liquidator's duties on vacating office

6.33Application by former liquidator for release (section 173(2)(b))

6.34Power of court to set aside certain transactions

6.35Rule against improper solicitation

6.36Permission for exercise of powers by liquidator

CHAPTER 5Special Manager

[Note: a document required by the Act or these Rules...

6.37Application for and appointment of special manager (section 177)

6.39Failure to give or keep up security

6.41Termination of appointment

CHAPTER 6Priority of payment of costs and expenses, etc.

6.42General rule as to priority

6.43Saving for powers of the court

CHAPTER 7Litigation expenses and property subject to a floating charge

[Note: a document required by the Act or these Rules...

6.44Interpretation

6.45Requirement for approval or authorisation

6.46Request for approval or authorisation

6.47Grant of approval or authorisation

6.48Application to the court by the liquidator

PART 7WINDING UP BY THE COURT

CHAPTER 1Application of Part

7.1Application of Part 7

CHAPTER 2The statutory demand (sections 123(1)(a) and 222(1)(a))

7.2Interpretation

7.3The statutory demand

CHAPTER 3Petition for winding-up order

[Notes: (1) for petitions by a contributory or relevant office-holder...

(2) a document required by the Act or these Rules...

7.4Application of this Chapter

7.5Contents of petition

7.6Verification of petition

7.7Petition: presentation and filing

7.8Court to which petition is to be presented where the company is subject to a CVA or is in administration

7.9Copies of petition to be served on company or delivered to other persons

7.10Notice of petition

7.11Persons entitled to request a copy of petition

7.12Certificate of compliance

7.13Permission for the petitioner to withdraw

7.14Notice by persons intending to appear

7.15List of appearances

7.16Witness statement in opposition

7.17Substitution of creditor or contributory for petitioner

7.18Order for substitution of petitioner

7.19Notice of adjournment

7.20Order for winding up by the court

7.21Notice to official receiver of winding-up order

7.22Delivery and notice of the order

7.23Petition dismissed

7.24Injunction to restrain presentation or notice of petition

CHAPTER 4Petition by a contributory or a relevant office-holder

[Note: (1) “relevant office-holder” is defined in rule 7.4(2);

(2) a document required by the Act or these Rules...

7.25Interpretation and application of rules in Chapter 3

7.26Contents of petition for winding-up order by a contributory

7.27Petition presented by a relevant office-holder

7.28Verification of petition

7.29Presentation and service of petition

7.30Request to appoint former administrator or supervisor as liquidator (section 140)

7.31Hearing of petition

7.32Order for winding up by the court of a company in administration or where there is a supervisor of a CVA in relation to the company

CHAPTER 5Provisional liquidator

[Note: a document required by the Act or these Rules...

7.33Application for appointment of provisional liquidator (section 135)

7.34Deposit by applicant

7.35Order of appointment of provisional liquidator

7.36Notice of appointment of provisional liquidator

7.38Remuneration

7.39Termination of appointment

CHAPTER 6Statement of affairs and other information

[Note: a document required by the Act or these Rules...

7.40Notice requiring statement of affairs (section 131)

7.41Statement of affairs

7.42Statement of affairs: statement of concurrence

7.43Order limiting disclosure of statement of affairs etc.

7.44Release from duty to submit statement of affairs: extension of time (section 131)

7.45Statement of affairs: expenses

7.46Delivery of accounts to official receiver

7.47Further disclosure

CHAPTER 7Reports and information to creditors and contributories

[Note: a document required by the Act or these Rules...

7.48Reports by official receiver

7.49Reports by official receiver: estimate of prescribed part

7.50Further information where winding up follows administration

7.51Notice of stay of winding up

CHAPTER 8The liquidator

[Note: a document required by the Act or these Rules...

7.52Choosing a person to be liquidator

7.53Appointment of liquidator by creditors or contributories

7.54Decision on nomination

7.55Invitation to creditors and contributories to form a liquidation committee

7.56Appointment by the court

7.57Appointment by the Secretary of State

7.58Cost of liquidator's security (section 390(3))

7.59Appointment to be gazetted and notice given to registrar of companies

7.60Hand-over of assets by official receiver to liquidator

7.61Liquidator's resignation

7.62Notice to official receiver of intention to vacate office

7.63Decision of creditors to remove liquidator

7.64Procedure on removal by creditors

7.65Removal of liquidator by the court (section 172(2))

7.66Removal of liquidator by the Secretary of State (section 172(4))

7.67Deceased liquidator

7.68Loss of qualification as insolvency practitioner

7.69Application by liquidator for release (section 174(4)(b) or (d))

7.70Release of official receiver

7.71Final account prior to dissolution (section 146)

7.72Relief from, or variation of, duty to report

7.73Liquidator's duties on vacating office

7.74Power of court to set aside certain transactions

7.75Rule against improper solicitation

CHAPTER 9Duties and powers of liquidator

[Note: a document required by the Act or these Rules...

7.76General duties of liquidator

7.77Permission for exercise of powers by liquidator

7.78Enforced delivery up of company's property (section 234)

CHAPTER 10Settlement of list of contributories

[Note: a document required by the Act or these Rules...

7.79Delegation to liquidator of power to settle list of contributories

7.80Duty of liquidator to settle list (section 148)

7.81Contents of list

7.82Procedure for settling list

7.83Application to court for variation of the list

7.84Variation of, or addition to, the list

7.85Costs of applications to vary etc. the list of contributories

CHAPTER 11Calls on contributories

[Note: a document required by the Act or these Rules...

7.86Making of calls by the liquidator (sections 150 and 160)

7.87Sanction of the liquidation committee for making a call

7.88Application to court for permission to make a call (sections 150 and 160)

7.89Order giving permission to make a call

7.90Making and enforcement of the call

7.91Court order to enforce payment of call by a contributory

CHAPTER 12Special manager

[Note: a document required by the Act or these Rules...

7.92Application of this Chapter and interpretation

7.93Appointment and remuneration of special manager (section 177)

7.95Failure to give or keep up security

7.97Termination of appointment

CHAPTER 13Public examination of company officers and others (section 133)

[Note: a document required by the Act or these Rules...

7.98Applications relating to promoters, past managers etc. (section 133(1)(c))

7.99Request by a creditor for a public examination (section 133(2))

7.100Request by a contributory for a public examination

7.101Further provisions about requests by a creditor or contributory for a public examination

7.102Order for public examination

7.103Notice of the public examination

7.104Examinee unfit for examination

7.105Procedure at public examination

7.106(1) The court may adjourn the public examination from time...

7.107Expenses of examination

CHAPTER 14Priority of payment of costs and expenses, etc.

7.108General rule as to priority

7.109Winding up commencing as voluntary

7.110Saving for powers of the court (section 156)

CHAPTER 15Litigation expenses and property subject to a floating charge

[Note: a document required by the Act or these Rules...

7.111Interpretation

7.112Priority of litigation expenses

7.113Requirement for approval or authorisation of litigation expenses

7.114Requests for approval or authorisation

7.115Grant of approval or authorisation

7.116Application to the court by the liquidator

CHAPTER 16MISCELLANEOUS RULES

[Note: a document required by the Act or these Rules...

Sub-division A: Return of capital

7.117Application to court for order authorising return of capital

7.118Procedure for return

Sub-division B: Dissolution after winding up

7.119Secretary of State's directions under sections 203 and 205 and appeal

PART 8INDIVIDUAL VOLUNTARY ARRANGEMENTS (IVA)

CHAPTER 1Preliminary

8.1Interpretation

CHAPTER 2Preparation of the debtor's proposal for an IVA

[Note: a document required by the Act or these Rules...

8.2Proposal for an IVA: general principles and amendment

8.3Proposal: contents

8.4Notice of nominee's consent

8.5Statement of affairs (section 256 and 256A)

8.6Application to omit information from statement of affairs delivered to creditors

8.7Additional disclosure for assistance of nominee

CHAPTER 3Cases in which an application for an interim order is made

[Note: a document required by the Act or these Rules...

8.8Application for interim order

8.9Court in which application is to be made

8.10Order granting a stay

8.11Hearing of the application

8.12The interim order

8.13Action to follow making of an interim order

8.14Order extending period of an interim order (section 256(4))

8.15Nominee's report on the proposal

8.16Order extending period of interim order to enable the creditors to consider the proposal (section 256(5))

8.17Replacement of the nominee (section 256(3))

8.18Consideration of the nominee's report

CHAPTER 4Cases where no interim order is to be obtained

[Note: a document required by the Act or these Rules...

8.19Nominee's report (section 256A)

8.20Court or hearing centre to which applications must be made where no interim order

8.21Replacement of the nominee (section 256A(4))

CHAPTER 5Consideration of the proposal by the creditors

[Note: a document required by the Act or these Rules...

8.22Consideration of the proposal

8.23Proposals for an alternative supervisor

8.24Report of the creditors' consideration of a proposal

CHAPTER 6Action following approval of an IVA

[Note: a document required by the Act or these Rules...

8.25Hand-over of property, etc. to supervisor

8.26Report to the Secretary of State of the approval of an IVA

8.27Revocation or suspension of an IVA (section 262)

8.28Supervisor's accounts and reports

8.29Production of accounts and records to the Secretary of State

8.30Fees and expenses

8.31Termination or full implementation of the IVA

CHAPTER 7Applications to annul bankruptcy orders under sections 261(2)(a) and (b)

[Note: a document required by the Act or these Rules...

8.32Application by the bankrupt to annul the bankruptcy order (section 261(2)(a))

8.33Application by the official receiver to annul the bankruptcy order (section 261(2)(b))

8.34Order annulling bankruptcy

8.35Notice of order

8.36Advertisement of order

8.37Trustee's final account

CHAPTER 8Time recording information

[Note: a document required by the Act or these Rules...

8.38Provision of information

PART 9DEBT RELIEF ORDERS

CHAPTER 1Interpretation

[Notes: (1) a debt relief order under Part 7A of...

(2) “approved intermediaries” and “competent authority” are defined in section...

9.1Debtor's family

9.2Excluded debts

CHAPTER 2Application for a debt relief order

[Note: a document required by the Act or these Rules...

9.3Application for a debt relief order: information required in the application

9.4Delivery of application

9.5Role of approved intermediary

CHAPTER 3Verifying the application and determining the debtor's income and property

9.6Prescribed verification checks: conditions in paragraphs 1 to 8 of Schedule 4ZA of the Act

9.7Determination of debtor's monthly surplus income

9.8Determination of value of the debtor's property (paragraph 8 of Schedule 4ZA)

9.9Property to be excluded in determining the value of a debtor's property

CHAPTER 4Making or refusal of a debt relief order

[Note: a document required by the Act or these Rules...

9.10Contents of debt relief order

9.11Other steps to be taken by official receiver or debtor upon making of the order

9.12Prescribed information for creditors on making of debt relief order

9.13Refusal of application for debt relief order

CHAPTER 5Objection and revocation

[Note: a document required by the Act or these Rules...

9.14Meaning of “creditor”

9.15Creditor's objection to a debt relief order (section 251K)

9.16Official receiver's response to objection under section 251K

9.17Creditor's request that a debt relief order be revoked (section 251L(4))

9.18Procedure in revoking or amending a debt relief order (section 251L)

9.19Debtor's notification of official receiver of matters in section 251J(3) or (5)

9.20Death of debtor during a moratorium period under a debt relief order

CHAPTER 6Applications to the court

[Note: a document required by the Act or these Rules...

9.21Notice of application to court under section 251M

9.22Court in which applications under sections 251M or 251N are to be made

9.23Creditor's bankruptcy petition: creditor consents to making application for a debt relief order

9.24Extension of moratorium period

CHAPTER 7Permission to act as a director, etc.

[Note: a document required by the Act or these Rules...

9.25Application for permission under the Company Directors Disqualification Act 1986

9.26Report of official receiver

9.27Court's order on application

PART 10BANKRUPTCY

CHAPTER 1The statutory demand

[Note: a document required by the Act or these Rules...

10.1The statutory demand (section 268)

10.2Service of statutory demand

10.3Proof of service of statutory demand

10.4Application to set aside statutory demand

10.5Hearing of application to set aside

CHAPTER 2CREDITORS' BANKRUPTCY PETITIONS

[Note: a document required by the Act or these Rules...

10.6Application and interpretation

10.7Contents of petition

10.8Identification of debtor

10.9Identification of debt

10.10Verification of petition

10.11Court in which petition is to be presented

10.12Procedure for presentation and filing of petition

10.13Application to Chief Land Registrar to register petition

10.14Service of petition and delivery of copies

10.15Death of debtor before service

10.16Amendment of petition

10.17Security for costs

10.18Debtor's notice of opposition to petition

10.19Notice by persons intending to appear

10.20List of appearances

10.21Hearing of petition

10.22Postponement of hearing

10.23Adjournment of the hearing

10.24Decision on the hearing

10.25Vacating registration on withdrawal of petition

10.26Non-appearance of petitioning creditor

10.27Substitution of petitioner

10.28Order for substitution of petitioner

10.29Change of carriage of petition

Petitioner seeking dismissal or permission to withdraw

10.30(1) Where the petitioner applies to the court for the...

10.31Contents of bankruptcy order

10.32Delivery and notice of the order

10.33Application to Chief Land Registrar to register bankruptcy order

CHAPTER 3Debtors' bankruptcy applications

[Note: a document required by the Act or these Rules...

10.34Preliminary

10.35Bankruptcy application for a bankruptcy order

10.36Procedure for making a bankruptcy application and communication with the adjudicator

10.37Application to the Chief Land Registrar to register a bankruptcy application

10.38Verification checks

10.39Determination of the bankruptcy application

10.40The determination period

10.41Settlement and contents of bankruptcy order

10.42Refusal to make a bankruptcy order and contents of notice of refusal

10.43Review of refusal to make a bankruptcy order

10.44Appeal to the court following a review of refusal to make a bankruptcy order

10.45Action to follow making of order

10.46Application to the Chief Land Registrar

10.47The bankruptcy file

10.48Court to which applications are to be made

CHAPTER 4The interim receiver

[Note: a document required by the Act or these Rules...

10.49Application for appointment of interim receiver (section 286)

10.51Order of appointment

10.53Remuneration

10.54Termination of appointment

CHAPTER 5Disclosure of the bankrupt's affairs

[Note: a document required by the Act or these Rules...

Sub-division A: creditor's petition

10.55Notice requiring statement of affairs (section 288)

10.56Statement of affairs

10.57Limited disclosure

10.58Requirement to submit statement of affairs and extension of time (section 288(3))

10.59Expenses of assisting bankrupt to prepare statement of affairs

10.60Delivery of accounts to official receiver

10.61Further disclosure

Sub-division B: Bankruptcy application

10.62Preliminary

10.63Delivery of accounts to official receiver

10.64Expenses of preparing accounts

10.65Further disclosure

Sub-division C: Reports by the official receiver

10.66Reports by the official receiver

CHAPTER 6THE TRUSTEE IN BANKRUPTCY

[Note: a document required by the Act or these Rules...

Sub-division A: appointment and associated formalities

10.67Appointment by creditors of new trustee

10.68Certification of appointment

10.69Cost of the trustee's security (section 390(3))

10.70Creditors' decision to appoint a trustee

10.71Appointment by the court (section 291A(2))

10.72Appointment by the Secretary of State

10.73Authentication of trustee's appointment

10.74Appointment to be gazetted

10.75Hand-over of bankrupt's estate by official receiver to trustee

10.76Invitation to creditors to form a creditors' committee

Sub-division B: resignation and removal

10.77Trustee's resignation and appointment of replacement (section 298(7))

10.78Decision of creditors to remove trustee (section 298(1))

10.79Procedure on removal by creditors

10.80Removal of trustee by the court (section 298(1))

10.81Removal of trustee by the Secretary of State (section 298(5))

10.82Notice of resignation or removal

10.83Release of removed trustee (section 299)

10.84Deceased trustee

10.85Loss of qualification as insolvency practitioner (section 298(6))

Sub-division C: release on completion of administration of bankrupt's estate

10.86Release of official receiver on completion of administration (section 299)

10.87Vacation of office on completion of bankruptcy (sections 298(8) and 331)

10.88Rule as to reporting

10.89Notice to official receiver of intention to vacate office

10.90Trustee's duties on vacating office

10.91Power of the court to set aside certain transactions

10.92Rule against improper solicitation

10.93Enforcement of trustee's obligations to official receiver (section 305(3))

CHAPTER 7Special manager

[Note: a document required by the Act or these Rules...

Application for and order of appointment of special manager (section 370)

10.94(1) An application by the interim receiver or trustee under...

10.96Failure to give or keep up security

10.97Accounting

10.98Termination of appointment

CHAPTER 8Public examination of bankrupt

[Note: a document required by the Act or these Rules...

Order for public examination of bankrupt

10.99(1) This rule applies to a court order for the...

10.100Notice of public examination

10.101Order for public examination requested by creditors

Bankrupt unfit for examination

10.102(1) Where the bankrupt is a person who lacks capacity...

10.103Procedure at public examination

10.104(1) The court may adjourn the public examination from time...

10.105Expenses of examination

CHAPTER 9Replacement of exempt property

10.106Purchase of replacement property

10.107Money provided in lieu of sale

CHAPTER 10Income payments orders

[Note: a document required by the Act or these Rules...

10.108Interpretation

10.109Application for income payments order (section 310)

10.110Order for income payments order

10.111Action to follow making of order

10.112Variation of order

10.113Order to payer of income: administration

10.114Review of order

CHAPTER 11Income payments agreements

[Note: a document required by the Act or these Rules...

10.114AInterpretation

10.115Approval of income payments agreements

10.116Acceptance of income payments agreements

10.117Variation of income payments agreements

CHAPTER 12Applications for production of documents by Her Majesty's Revenue and Customs (section 369)

[Note: a document required by the Act or these Rules...

10.118Application for order

10.119Making and service of the order

10.120Custody of documents

CHAPTER 13Mortgaged property

[Note: a document required by the Act or these Rules...

10.121Interpretation

10.122Claim by mortgagee of land

10.123Power of court to order sale

10.124Proceeds of sale

CHAPTER 14After-acquired property

10.125Duties of bankrupt in relation to after-acquired property

10.126Trustee's recourse to person to whom property disposed

CHAPTER 15Permission to act as director, etc.

[Note: a document required by the Act or these Rules...

10.127Interpretation

10.128Application for permission

10.129Report of official receiver

10.130Court's order on application

10.131Costs under this Chapter

CHAPTER 16Annulment of bankruptcy order

[Note: a document required by the Act or these Rules...

10.132Application for annulment

10.133Report by trustee

10.134Applicant's claim that remuneration or expenses are excessive

10.135Power of court to stay proceedings

10.136Notice to creditors who have not proved

10.137The hearing

10.138Matters to be proved under section 282(1)(b)

10.139Notice to creditors

10.140Other matters arising on annulment

10.141Trustee's final account

CHAPTER 17Discharge

[Note: a document required by the Act or these Rules...

10.142Application for suspension of discharge

10.143Lifting of suspension of discharge

10.144Certificate of discharge from bankruptcy order made otherwise than on a bankruptcy application

10.145Certificate of discharge from bankruptcy order made on a bankruptcy application

Bankrupt's debts surviving discharge

10.146Discharge does not release the bankrupt from any obligation arising—...

10.147Costs under this Chapter

CHAPTER 18Priority of payment of costs etc. out of the bankrupt's estate

[Note: a document required by the Act or these Rules...

10.149General rule as to priority

CHAPTER 19Second bankruptcy

[Note: a document required by the Act or these Rules...

Scope of this Chapter

10.150The rules in this Chapter relate to the manner in...

10.151General duty of existing trustee

10.152Delivery up to later trustee

10.153Existing trustee's expenses

CHAPTER 20Criminal bankruptcy

[Note: a document required by the Act or these Rules...

10.153AApplication

10.154Contents of petition

10.155Status and functions of Official Petitioner

10.156Interim receivership

10.157Proof of bankruptcy debts and notice of order

10.158Rules not applying in criminal bankruptcy

10.159Annulment of criminal bankruptcy order

10.160Application by bankrupt for discharge

10.161Report of official receiver

10.162Order of discharge

10.163Deferment of issue of order pending appeal

10.164Costs under this Chapter

CHAPTER 21Miscellaneous rules in bankruptcy

[Note: a document required by the Act or these Rules...

10.165Amendment of title of proceedings

10.166Application for redirection order

10.167Bankrupt's home: property falling within section 283A

10.168Application in relation to the vesting of an interest in a dwelling-house (registered land)

10.169Vesting of bankrupt's interest (unregistered land)

Vesting of bankrupt's estate: substituted period

10.170(1) For the purposes of section 283A(2) the period of...

10.171Charging order

PART 11BANKRUPTCY AND DEBT RELIEF RESTRICTIONS ORDERS AND UNDERTAKINGS AND THE INSOLVENCY REGISTERS

CHAPTER 1Interpretation

11.1References to the Secretary of State

CHAPTER 2Bankruptcy and debt relief restrictions orders (Schedules 4ZB and 4A)

[Note: a document required by the Act or these Rules...

11.2Application for a bankruptcy or debt relief restrictions order

11.3Service of the application on the bankrupt or debtor

11.4The bankrupt's or debtor's evidence opposing an application

11.5Making a bankruptcy or debt relief restrictions order

CHAPTER 3Interim bankruptcy and debt relief restrictions orders

[Note: a document required by the Act or these Rules...

11.6Application for an interim bankruptcy or debt relief restrictions order

11.7Making an interim bankruptcy or debt relief restrictions order

11.8Application to set aside an interim order

11.9Order setting aside an interim order

CHAPTER 4Bankruptcy restrictions and debt relief restrictions undertakings

[Note: a document required by the Act or these Rules...

11.10Acceptance of a bankruptcy restrictions or a debt relief restrictions undertaking

11.11Notification

11.12Application to annul a bankruptcy restrictions or a debt relief restrictions undertaking

CHAPTER 5Insolvency Registers: General

11.13Maintenance of the registers and inspection

CHAPTER 6Individual insolvency register

11.14Entry of information on the individual insolvency register: IVAs

11.15Deletion of information from the individual insolvency register: IVAs

11.16Entry of information on to the individual insolvency register: bankruptcy orders

11.17Deletion of information from the individual insolvency register: bankruptcy orders

11.18Entry of information on to the individual insolvency register: debt relief orders

11.19Deletion of information from the individual insolvency register: debt relief orders

CHAPTER 7Bankruptcy and debt relief restrictions register

11.20Bankruptcy restrictions and debt relief restrictions orders and undertakings: entry of information on the registers

11.21Deletion of information from the registers

CHAPTER 8Rectification of registers and death of persons on register

11.22Rectification of the registers

11.23Death of a person about whom information is held on a register

PART 12COURT PROCEDURE AND PRACTICE

CHAPTER 1General

Application of the Civil Procedure Rules 1998

12.1Court rules and practice to apply

12.2Performance of functions by the Court

CHAPTER 2Commencement of insolvency proceedings in the County Court

[A document required by the Act or these Rules must...

12.3Commencement of insolvency proceedings under Parts 1 to 7 of the Act (corporate insolvency proceedings)

12.4Commencement of insolvency proceedings under Parts 7A to 11 of the Act (personal insolvency proceedings; bankruptcy)

12.5Allocation of proceedings to the London Insolvency District

CHAPTER 3Making applications to court: general

[Note: (1) a document required by the Act or these...

(2) Paragraphs 3 and 4 of Schedule 5 make provision...

(3) the rules about the applications referred to in rule...

12.6Preliminary

Filing of application

12.7An application filed with the court in hard-copy form must...

12.8Fixing the venue

12.9Service or delivery of application

12.10Hearing in urgent case

12.11Directions

12.12Hearing and determination without notice

12.13Adjournment of the hearing of an application

CHAPTER 4Making applications to court: specific applications

[Note: a document required by the Act or these Rules...

Sub-division A: Applications in connection with section 176A (prescribed part)

12.14Applications under section 176A(5) to disapply section 176A

12.15Notice of application under section 176A(5)

12.16Notice of an order under section 176A(5)

Sub-division B: Applications for private examination (sections 236, 251N and 366)

[Note: for rules about public examinations see Chapter 13 of...

12.17Application of this sub-division and interpretation

12.18Contents of application

12.19Order for examination etc.

12.20Procedure for examination

12.21Record of examination

12.22Costs of proceedings under sections 236, 251N and 366

Sub-division C – persons unable to manage own property or affairs

12.23Application and interpretation

12.24Appointment of another person to act

12.25Witness statement in support of application

12.26Service of notices following appointment

CHAPTER 5Obtaining information and evidence

[Note: a document required by the Act or these Rules...

12.27Further information and disclosure

12.28Witness statements and reports

12.29Evidence provided by the official receiver, an insolvency practitioner or a special manager

CHAPTER 6Transfer of proceedings

[Note: a document required by the Act or these Rules...

Sub-division A : General

12.30General power of transfer

12.31Proceedings commenced in the wrong court

12.32Applications for transfer

12.33Procedure following order for transfer

12.34Consequential transfer of other proceedings

Sub-division B : Block transfer of cases where insolvency practitioner has died etc.

12.35Interpretation

12.36Power to make a block transfer order

12.37Application for a block transfer order

12.38Action following application for a block transfer order

CHAPTER 7The court file

[Note: a document required by the Act or these Rules...

12.39The court file

12.40Office copies of documents

[Note: a document required by the Act or these Rules...

12.41Application of Chapter and interpretation

12.42Requirement to assess costs by the detailed procedure

12.43Procedure where detailed assessment is required

12.44Costs of officers charged with execution of writs or other process

12.45Petitions presented by insolvent companies

12.46Costs paid otherwise than out of the insolvent estate

12.47Awards of costs against an office-holder, the adjudicator or the official receiver

12.48Applications for costs

12.49Costs and expenses of petitioners and other specified persons

12.50Final costs certificate

CHAPTER 9Enforcement procedures

[Note: a document required by the Act or these Rules...

12.51Enforcement of court orders

12.52Orders enforcing compliance

12.53Warrants (general provisions)

12.54Warrants under sections 134 and 364

12.55Warrants under sections 236, 251N and 366

12.56Warrants under section 365

12.57Execution overtaken by judgment debtor's insolvency

CHAPTER 10Appeals

[Note: a document required by the Act or these Rules...

12.58Application of Chapter

12.59Appeals and reviews of court orders in corporate insolvency

12.60Appeals in bankruptcy by the Secretary of State

12.61Procedure on appeal

12.62Appeals against decisions of the Secretary of State or official receiver

CHAPTER 11Court orders, formal defects and shorthand writers

[Note: a document required by the Act or these Rules...

12.63Court orders

12.64Formal defects

12.65Shorthand writers: nomination etc.

PART 13OFFICIAL RECEIVERS

13.1Official receivers in court

13.2Persons entitled to act on official receiver's behalf

13.3Application for directions

13.4Official receiver's expenses

13.5Official receiver not to be appointed liquidator or trustee

PART 14CLAIMS BY AND DISTRIBUTIONS TO CREDITORS IN ADMINISTRATION, WINDING UP AND BANKRUPTCY

CHAPTER 1Application and interpretation

Application of Part 14 and interpretation

14.1(1) This Part applies to administration, winding up and bankruptcy...

CHAPTER 2Creditors' claims in administration, winding up and bankruptcy

[Note: a document required by the Act or these Rules...

14.2Provable debts

14.3Proving a debt

14.4Requirements for proof

14.5Costs of proving

14.6Allowing inspection of proofs

14.7Admission and rejection of proofs for dividend

14.8Appeal against decision on proof

14.9Office-holder not liable for costs under rule 14.8

14.10Withdrawal or variation of proof

14.11Exclusion of proof by the court

Administration and winding up by the court: debts of insolvent company to rank equally

14.12(1) This rule applies in an administration and a winding...

Administration and winding up: division of unsold assets

14.13(1) This rule applies in an administration or in a...

14.14Administration and winding up: estimate of value of debt

14.15Secured creditor: value of security

14.16Secured creditor: surrender for non-disclosure

14.17Secured creditor: redemption by office-holder

14.18Secured creditor: test of security's value

14.19Realisation or surrender of security by creditor

14.21Debts in foreign currency

14.22Payments of a periodical nature

14.23(1) Where a debt proved in insolvency proceedings bears interest,...

14.24Administration: mutual dealings and set-off

14.25Winding up: mutual dealings and set-off

CHAPTER 3Distribution to creditors in administration, winding up and bankruptcy

[Note: a document required by the Act or these Rules...

14.26Application of Chapter to a particular class of creditors and to distributions

Declaration and distribution of dividends in a winding up

14.27Whenever a liquidator in a creditors' voluntary winding up or...

14.28Gazette notice of intended first dividend or distribution

14.29Individual notices to creditors etc. of intended dividend or distribution

14.30Contents of notice of intention to declare a dividend or make a distribution

14.31Further contents of notice to creditors owed small debts etc.

14.32Admission or rejection of proofs following last date for proving

14.33Postponement or cancellation of dividend

14.34Declaration of dividend

14.35Notice of declaration of a dividend

Last notice about dividend in a winding up

14.36(1) When the liquidator in a winding up has realised...

14.37Contents of last notice about dividend (administration, winding up and bankruptcy)

Sole or final dividend

14.38(1) Where, in an administration or winding up, it is...

Administration and winding up: provisions as to dividends

14.39In an administration or winding up, in the calculation and...

14.40Supplementary provisions as to dividends and distributions

14.41Secured creditors

14.42Disqualification from dividend

14.43Assignment of right to dividend

14.44Debt payable at future time

Administration and winding up: non-payment of dividend

14.45(1) No action lies against the office-holder in an administration...

PART 15DECISION MAKING

CHAPTER 1Application of Part

15.1Application of Part

CHAPTER 2Decision procedures

[Note: a document required by the Act or these Rules...

15.2Interpretation

The prescribed decision procedures

15.3The following decision procedures are prescribed as decision procedures under...

15.4Electronic voting

15.5Virtual meetings

15.6Physical meetings

Deemed consent (sections 246ZF and 379ZB)

15.7(1) This rule makes further provision about the deemed consent...

CHAPTER 3Notices, voting and venues for decisions

[Note: a document required by the Act or these Rules...

15.8Notices to creditors of decision procedure

15.9Voting in a decision procedure

15.10Venue for decision procedure

Notice of decision procedures or of seeking deemed consent: when and to whom delivered

15.11(1) Notices of decision procedures, and notices seeking deemed consent,...

15.12Notice of decision procedure by advertisement only

15.13Gazetting and advertisement of meeting

15.14Notice to company officers, bankrupts etc. in respect of meetings

15.15Non-receipt of notice of decision

15.16Decisions on remuneration and conduct

CHAPTER 4Decision making in particular proceedings

[Note: a document required by the Act or these Rules...

15.17Decisions in winding up of authorised deposit-takers

CHAPTER 5Requisitioned decisions

[Note: a document required by the Act or these Rules...

Requisitions of decision

15.18(1) In this Chapter, “requisitioned decision” means a decision on...

15.19Expenses and timing of requisitioned decision

CHAPTER 6Constitution of meetings

15.20Quorum at meetings

15.21Chair at meetings

15.22The chair – attendance, interventions and questions

CHAPTER 7Adjournment and suspension of meetings

15.23Adjournment by chair

15.24Adjournment of meetings to remove a liquidator or trustee

15.25Adjournment in absence of chair

15.26Proofs in adjournment

15.27Suspension

CHAPTER 8Creditors' voting rights and majorities

[Note: a document required by the Act or these Rules...

15.28Creditors' voting rights

15.29Scheme manager's voting rights

15.30Claim made in proceedings in other member States

15.31Calculation of voting rights

15.32Calculation of voting rights: special cases

15.33Procedure for admitting creditors' claims for voting

15.34Requisite majorities

15.35Appeals against decisions under this Chapter

CHAPTER 9Exclusions from meetings

[Note: a document required by the Act or these Rules...

15.36Action where person excluded

15.37Indication to excluded person

CHAPTER 10Contributories' voting rights and majorities

15.39Contributories' voting rights and requisite majorities

CHAPTER 11Records

15.40Record of a decision

CHAPTER 12Company meetings

15.41Company meetings

15.42Remote attendance: notification requirements

15.43Location of company meetings

15.44Action where person excluded

15.45Indication to excluded person

PART 16PROXIES AND CORPORATE REPRESENTATION

[Note: a document required by the Act or these Rules...

16.1Application and interpretation

16.2Specific and continuing proxies

16.3Blank proxy

16.4Use of proxies

16.5Use of proxies by the chair

16.6Right of inspection and retention of proxies

16.7Proxy-holder with financial interest

Corporate representation: bankruptcy and IVA

16.8(1) If a corporation is a creditor in a bankruptcy...

16.9Instrument conferring authorisation to represent corporation

PART 17CREDITORS' AND LIQUIDATION COMMITTEES

CHAPTER 1Introductory

17.1Scope and interpretation

CHAPTER 2Functions of a committee

17.2Functions of a committee

CHAPTER 3Membership and formalities of formation of a committee

[Note: (1) a document required by the Act or these...

(2) see sections 215, 362, 363, 365, 371 and 374...

Number of members of a committee

17.3(1) A committee in an administration, administrative receivership or a...

17.4Eligibility for membership of creditors' or liquidation committee

17.5Establishment of committees

17.6Liquidation committee established by contributories

17.7Notice of change of membership of a committee

17.8Vacancies: creditor members of creditors' or liquidation committee

17.9Vacancies: contributory members of liquidation committee

17.10Resignation

17.11Termination of membership

17.13Cessation of liquidation committee in a winding up when creditors are paid in full

CHAPTER 4Meetings of Committee

[Note: a document required by the Act or these Rules...

17.14Meetings of committee

17.15The chair at meetings

17.17Committee-members' representatives

17.18Voting rights and resolutions

17.19Resolutions by correspondence

17.20Remote attendance at meetings of committee

17.21Procedure for requests that a place for a meeting should be specified

CHAPTER 5Supply of information by the office-holder to the committee

[Note: a document required by the Act or these Rules...

Notice requiring office-holder to attend the creditors' committee (administration and administrative receivership) (paragraph 57(3)(a) of Schedule B1 and section 49(2))

17.22(1) This rule applies where— (a) a committee in an...

Office-holder's obligation to supply information to the committee (winding up and bankruptcy)

17.23(1) This rule applies in relation to a creditors' voluntary...

CHAPTER 6Miscellaneous

[Note: a document required by the Act or these Rules...

17.24Expenses of members etc.

17.25Dealings by committee members and others

17.26Dealings by committee members and others: administration and administrative receivership

17.27(1) The acts of a creditors' committee or a liquidation...

17.28Special rule for winding up by the court and bankruptcy: functions vested in the Secretary of State

CHAPTER 7Winding up by the court following an administration

[Note: a document required by the Act or these Rules...

Continuation of creditors' committee

17.29(1) This rule applies where— (a) a winding-up order has...

PART 18REPORTING AND REMUNERATION OF OFFICE-HOLDERS

[Note: this Part does not apply to the official receiver...

CHAPTER 1Introductory

18.1Scope of Part 18 and interpretation

CHAPTER 2Progress reports

[Note: a document required by the Act or these Rules...

18.2Reporting by the office-holder

Contents of progress reports in administration, winding up and bankruptcy

18.3(1) The office-holder's progress report in an administration, winding up...

18.4Information about remuneration

18.5Information about pre-administration costs

18.6Progress reports in administration: timing

18.7Progress reports in voluntary winding up: timing

18.8Progress reports in winding up by the court and bankruptcy: timing

18.9Creditors' and members' requests for further information in administration, winding up and bankruptcy

18.10Administration, creditors' voluntary liquidation and compulsory winding up: reporting distribution of property to creditors under rule 14.13

18.11Voluntary winding up: reporting arrangement under section 110

18.12Members' voluntary winding up: reporting distribution to members other than under section 110

18.13Bankruptcy proceedings: reporting distribution of property to creditors under section 326

CHAPTER 3Final accounts in winding up and final reports in bankruptcy

[Note: a document required by the Act or these Rules...

18.14Contents of final account (winding up) and final report (bankruptcy)

CHAPTER 4Remuneration and expenses in administration, winding up and bankruptcy

[Note: a document required by the Act or these Rules...

18.15Application of Chapter

18.16Remuneration: principles

18.17Remuneration of joint office-holders

18.18Remuneration: procedure for initial determination in an administration

18.19Remuneration: procedure for initial determination in a members' voluntary winding up

18.20Remuneration: procedure for initial determination in a creditors' voluntary winding up or a winding up by the court

18.21Remuneration: procedure for initial determination in a bankruptcy

18.22Application of scale fees where creditors fail to fix the basis of the office-holder's remuneration

18.23Remuneration: application to the court to fix the basis

18.24Remuneration: administrator, liquidator or trustee seeking increase etc.

18.25Application for an increase etc. in remuneration: the general rule

18.26First exception: administrator has made a statement under paragraph 52(1)(b) of Schedule B1

18.27Second exception: administrator who had applied for increase etc. under rule 18.24 becomes liquidator

18.28Remuneration: recourse by administrator, liquidator or trustee to the court

18.29Remuneration: review at request of administrator, liquidator or trustee

18.30Remuneration: exceeding the fee estimate

18.31Remuneration: new administrator, liquidator or trustee

18.32Remuneration: apportionment of set fees

18.33Remuneration: variation of the application of rules 18.29, 18.30 and 18.32

18.34Remuneration and expenses: application to court by a creditor or member on grounds that remuneration or expenses are excessive

Remuneration and expenses: application to court by a bankrupt on grounds that remuneration or expenses are excessive

18.35(1) A bankrupt may, with the permission of the court,...

18.36Applications under rules 18.34 and 18.35 where the court has given permission for the application

18.37Applications under rule 18.34 where the court's permission is not required for the application

18.38Remuneration of a liquidator or trustee who realises assets on behalf of a secured creditor

PART 19Disclaimer in winding up and bankruptcy

[Note: a document required by the Act or these Rules...

19.1Application of this Part

19.2Notice of disclaimer (sections 178 and 315)

19.3Notice of disclaimer to interested persons (sections 178 and 315)

19.4Notice of disclaimer of leasehold property (sections 179 and 317)

19.5Notice of disclaimer in respect of a dwelling house (bankruptcy) (section 318)

19.6Additional notices of disclaimer

19.8Application for permission to disclaim in bankruptcy (section 315(4))

19.9Application by interested party for decision on disclaimer (sections 178(5) and 316)

19.10Disclaimer presumed valid and effective

19.11Application for exercise of court's powers under section 181 (winding up) or section 320 (bankruptcy)

PART 20Debtors and their families at risk of violence: orders not to disclose current address

[Note: a document required by the Act or these Rules...

20.1Application of this Part and interpretation

20.2Proposed IVA (order for non-disclosure of current address)

20.3IVA (order for non-disclosure of current address)

20.4Debt relief application (order for non-disclosure of current address)

20.5Bankruptcy application (order for non-disclosure of current address)

20.6Bankruptcy and debt relief proceedings (order for non-disclosure of current address)

20.7Additional provisions in respect of orders under rule 20.6(4)

PART 21 The EU Regulation

[Note: a document required by the Act or these Rules...

21.1Interpretation for this Part

21.1AWhere an application is made to the court under the...

Conversion into winding up proceedings or bankruptcy: application

21.2Conversion into winding up proceedings or bankruptcy: application

21.3Conversion into winding up proceedings or bankruptcy: court order

21.4Confirmation of creditors' voluntary winding up: application

21.5Confirmation of creditors' voluntary winding up: court order

21.6Confirmation of creditors' voluntary winding up: notice to member State liquidator

21.7 Proceedings in another member State: duty to give notice

21.8Member State liquidator: rules on creditors' participation in proceedings

Main proceedings in England and Wales: undertaking by office-holder in respect of assets in another member State (Article 36 of the EU Regulation)

21.9 Main proceedings in England and Wales: undertaking by office-holder in respect of assets in another member State (Article 36 of the EU Regulation)

21.10 Main proceedings in another member State: approval of undertaking offered by the member State liquidator to local creditors in the UK

21.11 Powers of an office-holder or member State liquidator in proceedings concerning members of a group of companies (Article 60 of the EU Regulation)

21.12 Group coordination proceedings (Section 2 of Chapter 5 of the EU Regulation)

Group coordination order (Article 68 EU Regulation)

21.13 Group coordination order (Article 68 EU Regulation)

21.14 Delivery of group coordination order to registrar of companies

21.15 Office-holder’s report

21.16 Publication of opening of proceedings by a member State liquidator

21.17 Statement by member State liquidator that insolvency proceedings in another member State are closed etc

PART 22PERMISSION TO ACT AS DIRECTOR ETC. OF COMPANY WITH A PROHIBITED NAME (SECTION 216)

[Note: a document required by the Act or these Rules...

22.1Preliminary

22.2Application for permission under section 216(3)

22.3Power of court to call for liquidator's report

22.4First excepted case

22.5Statement as to the effect of the notice under rule 22.4(2)

22.6Second excepted case

22.7Third excepted case

SCHEDULE 1Revocations

SCHEDULE 2Transitional and savings provisions

2Requirement for office-holder to provide information to creditors on opting out

3Electronic communication

4Statements of affairs

5Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence

6Savings in respect of final meetings taking place on or after the commencement date

7Progress reports and statements to the registrar of companies

8Foreign currency

10Priority of expenses of voluntary arrangements

11General powers of liquidator

12Fast-track voluntary arrangements

13First trustee in bankruptcy

14Applications before the court

17Administrations commenced before 15th September 2003

18Set-off in insolvency proceedings commenced before 1st April 2005

19Calculating the value of future debts in insolvency proceedings commenced before 1st April 2005

20Obligations arising under family proceedings where bankruptcy order is made on or before 31 March 2005

21Insolvency practitioner fees and expenses estimates

22Transitional provision for companies entering administration before 6th April 2010 and moving to voluntary liquidation between 6th April 2010 and 8th December 2017 inclusive of those dates

SCHEDULE 3Punishment of offences under these Rules

SCHEDULE 4Service of documents

1(1) This Schedule sets out the requirements for service where...

2Service of winding-up petitions

3Service of administration application (paragraph 12 of Schedule B1)

4Service on joint office-holders

5Service of orders staying proceedings

6Certificate of service

Table of requirements for service

SCHEDULE 5Calculation of time periods

[Note: section 376 of the Act contains a power for...

1The rules in CPR 2.8 with the exception of paragraph...

2(1) This paragraph applies for the calculation of periods expressed...

3The provisions of CPR rule 3.1(2)(a) (the court's general powers...

4Paragraph 3 is subject to any time limits expressly stated...

SCHEDULE 6Insolvency jurisdiction of county court hearing centres

[Note: where the entry “London Insolvency District” appears in this...

SCHEDULE 7Information to be provided in the bankruptcy application

Debtor's personal information

1Debtor's title.

2Debtor's identification details.

3Any previous name or other names by which the debtor...

Additional personal information

4Debtor's contact telephone number.

5Debtor's email address (if any).

6Debtor's date of birth.

7Debtor's National Insurance number.

8Debtor's gender.

9Any previous address at which the debtor has resided during...

10Whether the debtor is— (a) single; (b) married;

11All occupants of the debtor's household and in relation to...

12Any other person dependent on the debtor and in relation...

Occupation and employment details

13Debtor's occupation (if any).

14Debtor's employment status.

15Where the debtor is employed— (a) date when the debtor...

16Where the debtor is unemployed— (a) date when the debtor...

17Where the debtor has worked for any previous employers during...

18Where the debtor is, or has been, self-employed other than...

19Where the debtor traded in a partnership at any time...

20Where the debtor is, or has been, a director or...

21In respect of each creditor— (a) name and address;

22Where the debtor has an interest in a property, in...

Legal proceedings

23Where the debtor is, or has been in the five...

24Where the debtor is involved in proceedings, other than proceedings...

Assets and liabilities

25Total value of assets.

26Total value of liabilities.

27Debtor's net monthly income from all sources.

28Debtor's monthly surplus income calculated by reference to paragraphs 23...

SCHEDULE 8Additional information to be provided in the bankruptcy application

Disposal of assets

1Where in the five years preceding the date on which...

2Where in the five years preceding the date on which...

Financial arrangements with creditors

3Where the debtor has been made bankrupt in the two...

4Where the debtor has entered into a debt relief order...

5Where the debtor has, or has had, an IVA in...

6Where the debtor has, or has had, an arrangement in...

Legal and financial advisers

7Where a solicitor has acted for or on behalf of...

8Where an accountant, book keeper or other financial adviser has...

Business affairs of a self-employed debtor

9Where the debtor traded in a partnership at any time...

10Where the debtor is or has been self-employed (other than...

11Where the debtor is or has been self-employed (including a...

Financial affairs – assets

12The nature and value of each asset belonging to the...

13Where any asset is owned jointly with another person—

14Where any asset is subject to the rights of any...

15Where the debtor holds or has held in the last...

16Where the debtor owns a motor vehicle or has disposed...

17Where the debtor regularly uses a motor vehicle that the...

18Where the debtor owns any property consisting of land or...

19Where the debtor rents or leases a property, in respect...

20Where the debtor has an interest in any other property,...

21Where the debtor resides at a property in which the...

22Where the debtor has or has held within the five...

Financial affairs – income and expenditure

23Debtor's total annual income from all sources, the sources of...

24Total annual household income from all sources, the sources of...

25Current (or last) income tax reference number.

26Monthly national insurance.

27Mean monthly tax.

28Where the debtor has any current attachment of earnings orders...

29Particulars of the debtor's mean monthly expenditure which the debtor...

30Particulars of the debtor's monthly expenditure not otherwise provided under...

Enforcement officers and enforcement agents

31Where an enforcement officer or enforcement agent has visited the...

Cause of insolvency

32Why the debt was incurred.

33Date when the debtor first experienced difficulty in paying some...

34Reasons for the debtor not having enough money to pay...

35Where the debtor has gambled any money through betting or...

SCHEDULE 9Information to be given to creditors

1Title of the debtor.

2Debtor's identification details.

3Any previous name or other names by which the debtor...

4Any previous address at which the debtor has resided at...

5Name and address for each creditor.

6Amount each creditor claims is due.

7Debtor's occupation (if any).

8Debtor's employment status.

9Where the debtor is, or has been, self-employed other than...

10Total value of assets.

11Total value of liabilities.

12Where in the five years preceding the date of the...

13Where any asset is owned jointly with another person, the...

14Where any asset is subject to the rights of any...

15Where the debtor owns a motor vehicle or has disposed...

16Where the debtor regularly uses a motor vehicle that the...

17Where the debtor owns or has an interest in any...

18Where the debtor holds or has held within the five...

19Debtor's net monthly income from all sources.

20Debtor's monthly surplus income after taking into account any contribution...

21Current (or last) income tax reference number.

22In respect of each creditor— (a) name and address;

SCHEDULE 10Destination of appeals from decisions of District Judges in corporate insolvency matters

SCHEDULE 11Determination of insolvency office-holder's remuneration

2016 No. 1024

Insolvency, England And Wales

Companies

Individuals

The Insolvency (England and Wales) Rules 2016

Made18th October 2016

Laid before Parliament25th October 2016

Coming into force6th April 2017

M1The Lord Chancellor has consulted the committee existing for the purposes of section 413 of the Insolvency Act 1986 (“the Act”).

The Lord Chancellor makes the following Rules in exercise of the powers conferred by sections 411 and 412 M2 of the Act, with the concurrence of the Chancellor of the High Court (by authority of the Lord Chief Justice under sections 411(7) and 412(6) of the Act) in relation to those rules which affect court procedure, and with the concurrence of the Secretary of State.