The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018

Deceased administrator

This section has no associated Explanatory Memorandum

3.67.—(1) If the administrator dies a notice of the fact and date of death must be lodged with the court.

(2) The notice must be lodged as soon as reasonably practicable by one of the following—

(a)a surviving administrator;

(b)a member of the deceased administrator’s firm (if the deceased was a member or employee of a firm);

(c)an officer of the deceased administrator’s company (if the deceased was an officer or employee of a company); or

(d)the executor of the deceased administrator.

(3) If such a notice has not been lodged within the 21 days following the administrator’s death, any other person may lodge the notice.

(4) The person who lodges the notice must also deliver a notice to the registrar of companies which contains—

(a)identification details for the insolvency proceedings;

(b)the name of the person who made the appointment or the administration application, as the case may be;

(c)the date of the appointment of the administrator; and

(d)the fact and date of death.