Search Legislation

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

Changes to legislation:

There are currently no known outstanding effects for the The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. INTRODUCTORY RULES

    1. 1.Citation and Commencement

    2. 2.Revocations

    3. 3.Extent and application

    4. 4.Transitional and savings provisions

    5. 5.Punishment of offences

    6. 6.Review

  3. PART 1 SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS

    1. CHAPTER 1 Scope of these Rules

      1. 1.1.Scope

    2. CHAPTER 2 Interpretation

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

      2. 1.2.Defined terms

    3. CHAPTER 3 Calculation of time periods

      1. 1.3.Periods of time expressed in days

      2. 1.4.Periods of time expressed in months

    4. CHAPTER 4 Form and content of documents

      1. 1.5.Requirement for writing and form of documents

      2. 1.6.Authentication

      3. 1.7.Information required to identify persons and insolvency proceedings etc.

      4. 1.8. Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc.

      5. 1.9.Prescribed format of documents

      6. 1.10.Variations from prescribed contents

    5. CHAPTER 5 Standard contents of Gazette notices and the Gazette as evidence etc.

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

      2. 1.11.Contents of notices to be gazetted under the Act or Rules

      3. 1.12.Standard contents of Gazette notices

      4. 1.13.The Gazette: evidence, variations, errors and timing

    6. CHAPTER 6 Standard contents of notices advertised otherwise than in the Gazette

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

      2. 1.14.Standard contents of notices advertised otherwise than in the Gazette

      3. 1.15.Non-Gazette notices: clear and comprehensible

    7. CHAPTER 7 Standard contents of documents to be delivered to the registrar of companies

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

      2. 1.16.Standard contents of documents delivered to the registrar of companies

      3. 1.17.Registrar of companies: covering notices

      4. 1.18.Standard contents of all documents

      5. 1.19.Standard contents of documents relating to the office of office-holders

      6. 1.20.Standard contents of documents relating to other documents

      7. 1.21.Standard contents of documents relating to court orders

      8. 1.22.Standard contents of returns or reports of decisions

      9. 1.23.Standard contents of returns or reports of matters considered by company members by written resolution

      10. 1.24.Standard contents of documents relating to other events

    8. CHAPTER 8 Standard contents of notices for delivery to other persons etc.

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

      2. 1.25.Standard contents of notices to be delivered to persons other than the registrar of companies

      3. 1.26.Standard contents of all notices

      4. 1.27.Standard contents of notices relating to the office of office-holders

      5. 1.28.Standard contents of notices relating to documents

      6. 1.29.Standard contents of notices relating to court proceedings or orders

      7. 1.30.Standard contents of notices of the results of decisions

      8. 1.31.Standard contents of returns or reports of matters considered by company members by written resolution

    9. CHAPTER 9 Delivery of documents and opting out (sections 246C and 248A )

      1. Application of Chapter

      2. 1.32.(1) Subject to paragraph (2) this Chapter applies where a...

      3. 1.33.Delivery to the creditors and opting out

      4. 1.34.Creditor's election to opt out

      5. 1.35.Office-holder to provide information to creditors on opting out

      6. 1.36.Delivery of documents to authorised recipients

      7. 1.37.Delivery of documents to joint office-holders

      8. 1.38.Postal delivery of documents

      9. 1.39.Delivery by document exchange

      10. 1.40.Personal delivery of documents

      11. 1.41.Electronic delivery of documents

      12. 1.42.Electronic delivery of documents to the court

      13. 1.43.Electronic delivery by office-holders

      14. Use of website by office-holder to deliver a particular document (section 246B )

      15. 1.44.(1) This rule applies for the purposes of section 246B....

      16. 1.45.General use of website to deliver documents

      17. 1.46.Retention period for documents made available on websites

      18. 1.47.Proof of delivery of documents

      19. 1.48.Delivery of statements of claim and documentary evidence of debt

    10. CHAPTER 10 Inspection of documents, copies and provision of information

      1. 1.49.Right to copies of documents

      2. 1.50.Charges for copies of documents provided by the office-holder

      3. 1.51.Offence in relation to inspection of documents

      4. 1.52.Right to list of creditors

      5. 1.53.Confidentiality of documents: grounds for refusing inspection

      6. 1.54.Sederunt book

      7. 1.55.Transfer and disposal of company's books, papers and other records

    11. CHAPTER 11 Formal defects

      1. 1.56.Power to cure defects in procedure

      2. 1.57.Formal defects

  4. PART 1A MORATORIUM

    1. CHAPTER 1 Preliminary

      1. 1A.1.Application of Part 1A

    2. CHAPTER 2 Obtaining moratorium by lodging notice at court

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

      2. 1A.2.Application of Chapter

      3. 1A.3.Obtaining a moratorium by lodging document at court (section A3)

      4. 1A.4.The relevant documents: standard contents and requirements (section A6)

      5. 1A.5.The relevant documents: further requirements relating to the proposed monitor’s statement and consent to act (section A6(1)(b))

    3. CHAPTER 3 Obtaining a moratorium by application to the court

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

      2. 1A.6.Application of Chapter

      3. 1A.7.Moratorium application (sections A4 and A5)

      4. 1A.8.The relevant documents: standard contents and requirements (section A6)

      5. 1A.9.The relevant documents: further requirements relating to the monitor’s statement and consent to act (section A6(1)(b))

    4. CHAPTER 4 Obligations to notify where moratorium comes into force

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

      2. 1A.10.Notice given by monitor where moratorium comes into force: standard contents and requirements

    5. CHAPTER 5 Extending moratorium by lodging notice at court

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

      2. 1A.11.Application of Chapter

      3. 1A.12.Extending a moratorium by lodging a notice at court (sections A10 and A11): notice of extension

      4. 1A.13.Documents lodged with the court under sections A10(1) or A11(1) of the Act: standard contents and requirements

    6. CHAPTER 6 Extending moratorium by application to the court

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

      2. 1A.14.Application of Chapter

      3. 1A.15.Extending a moratorium by application to the court (section A13)

      4. 1A.16.Documents lodged with the court under section A13(2): standard contents and requirements

    7. CHAPTER 7 Notices about change in the end of moratorium

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

      2. 1A.17.Notification by directors to the monitor under section A17(1) of the Act: standard contents and requirements

      3. 1A.18.Notification by the monitor to the relevant persons under section A17(2) or (3) of the Act: standard contents and requirements

    8. CHAPTER 8 Notification by directors of insolvency proceedings

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

      2. 1A.19.Notification by directors to the monitor of insolvency proceedings (section A24)

    9. CHAPTER 9 Termination of moratorium by monitor

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

      2. 1A.20.Notice bringing the moratorium to an end (section A38)

      3. 1A.21.Debts that are to be disregarded for the purpose of section A38(1)(d) of the Act

    10. CHAPTER 10 Replacement of monitor or appointment of additional monitor

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

      2. 1A.22.Replacement or additional monitor’s statement and consent to act: standard contents and requirements (section A39(4))

      3. 1A.23.Notice to be given by monitor of replacement of monitor or appointment of additional monitor (section A39(8))

    11. CHAPTER 11 Challenges to monitor remuneration

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

      2. 1A.24.Challenges to monitor’s remuneration in subsequent insolvency proceedings

    12. CHAPTER 12 Disposal of property

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

      2. 1A.25.Notice where the court grants permission under section A31 or A32

    13. CHAPTER 13 Claims by creditors

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

      2. 1A.26.Application and interpretation of Chapter

      3. 1A.27.Submission of claims

      4. 1A.28.Amount which may be claimed generally

      5. 1A.29.Debts depending on contingency

      6. 1A.30.Secured debts

      7. 1A.31.Claims in foreign currency

  5. PART 2 COMPANY VOLUNTARY ARRANGEMENTS

    1. CHAPTER 1 Preliminary

      1. 2.1.Interpretation

    2. CHAPTER 2 The proposal for a CVA (section 1)

      1. [Notes: — (1) Section 1 sets out who may propose a...

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

      3. 2.2.Proposal for a CVA: general principles and amendment

      4. 2.3.Proposal: contents

    3. CHAPTER 3 Procedure for a CVA ...

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

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

      3. 2.5.Statement of affairs (section 2(3))

      4. 2.6.Application to omit information from statement of affairs delivered to creditors

      5. 2.7.Additional disclosure for assistance of nominee where nominee is not the liquidator or administrator

      6. 2.8.Nominee's report on proposal where the nominee is not the liquidator or administrator (section 2(2))

      7. 2.9.Replacement of nominee (section 2(4))

    4. CHAPTER 4 Procedure for a CVA with a Moratorium

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

      2. 2.10.Statement of affairs (paragraph 6(1)(b) of Schedule A1)

      3. 2.11.Application to omit information from a statement of affairs

      4. 2.12.The nominee's statement (paragraph 6(2) of Schedule A1)

      5. 2.13.Documents lodged with court to obtain moratorium (paragraph 7(1) of Schedule A1)

      6. 2.14.Notice and advertisement of beginning of moratorium

      7. 2.15.Notice of continuation of moratorium where physical meeting of creditors is summoned (paragraph 8(3B) of Schedule A1)

      8. 2.16.Notice of decision extending or further extending a moratorium (paragraph 36 of Schedule A1)

      9. 2.17.Notice of court order extending, further extending, renewing or continuing a moratorium (paragraph 34(2) of Schedule A1)

      10. 2.18.Advertisement of end of a moratorium (paragraph 11(1) of Schedule A1)

      11. 2.19.Disposal of secured property etc. during a moratorium

      12. 2.20.Withdrawal of nominee's consent to act (paragraph 25(5) of Schedule A1)

      13. 2.21.Application to the court to replace the nominee (paragraph 28 of Schedule A1)

      14. 2.22.Notice of appointment of replacement nominee

      15. 2.23.Applications to court to challenge nominee's actions etc. (paragraphs 26 and 27 of Schedule A1)

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

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

      2. 2.24.Consideration of proposal: common requirements (section 3)

      3. 2.25.Members' consideration at a meeting

      4. 2.26.Creditors' consideration by a decision procedure

      5. 2.27.Timing of decisions on proposal

      6. 2.28.Creditors' approval of modified proposal

      7. 2.29.Notice of members' meeting and attendance of officers

      8. 2.30.Requisition of physical meeting by creditors

      9. 2.31.Non-receipt of notice by members

      10. 2.32.Proposal for alternative supervisor

      11. 2.33.Chair at meetings

      12. 2.34.Members' voting rights

      13. 2.35.Requisite majorities of members

      14. 2.36.Notice of order made under section 4A(6) ...

      15. 2.37.Report of consideration of proposal under section 4(6) and (6A) ...

    6. CHAPTER 6

      1. Additional matters concerning and following approval of CVA

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

        2. 2.38.Handover of property etc. to supervisor

        3. 2.39.Revocation or suspension of CVA

        4. 2.40.Supervisor's accounts and reports

        5. 2.41.Production of accounts and records to Secretary of State

        6. 2.42.Fees and expenses

        7. 2.43.Termination or full implementation of CVA

    7. CHAPTER 7 Time recording information

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

      2. 2.44.Provision of information

  6. PART 3 ADMINISTRATION

    1. CHAPTER 1 Interpretation for this Part

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

      2. 3.1.Interpretation for Part 3

      3. 3.2.Proposed administrator's statement and consent to act

    2. CHAPTER 2 Appointment of administrator by Court

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

      2. 3.3.Administration application (paragraph 12 of Schedule B1)

      3. 3.4.Administration application made by the directors

      4. 3.5.Administration application by the supervisor of a CVA

      5. 3.6.Application

      6. 3.7.Notice to messengers-at-arms or sheriff officers

      7. 3.8.Notice of other insolvency proceedings

      8. 3.9.Intervention by holder of a qualifying floating charge (paragraph 36(1)(b) of Schedule B1)

      9. 3.10.The hearing

      10. 3.11.The order

      11. 3.12.Order on an application under paragraph 37 or 38 of Schedule B1

      12. 3.13.Notice of administration order

      13. 3.14.Notice of dismissal of application for an administration order

      14. 3.15.Expenses allowed by the court

    3. CHAPTER 3 Appointment of administrator by holder of floating charge

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

      2. 3.16.Notice of intention to appoint

      3. 3.17.Notice of appointment

      4. 3.18.Lodging of notice with the court

      5. 3.19.Appointment by floating charge holder after administration application made

      6. 3.20.Appointment taking place out of court business hours: procedure

      7. 3.21.Appointment taking place out of court business hours: content of notice

      8. 3.22.Appointment taking place out of court business hours: legal effect

    4. CHAPTER 4 Appointment of administrator by company or directors

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

      2. 3.23.Notice of intention to appoint

      3. 3.24.Notice of appointment after notice of intention to appoint

      4. 3.25.Notice of appointment without prior notice of intention to appoint

      5. 3.26.Notice of appointment: lodging with the court

    5. CHAPTER 5 Notice of administrator's appointment

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

      2. 3.27.Publication of administrator's appointment

    6. CHAPTER 6 Statement of affairs

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

      2. 3.28.Interpretation

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

      4. 3.29.(1) A notice under paragraph 47(1) of Schedule B1 must...

      5. 3.30.Statement of affairs: content (paragraph 47 of Schedule B1)

      6. 3.31.Statement of affairs: statement of concurrence

      7. 3.32.Statement of affairs: registrar of companies

      8. 3.33.Statement of affairs: release from requirement and extension of time

      9. 3.34.Statement of affairs: expenses

    7. CHAPTER 7 Administrator's proposals

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

      2. 3.35.Administrator's proposals: additional content

      3. 3.36.Administrator's proposals: statement of pre-administration costs

      4. 3.37.Advertising administrator's proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1)

      5. 3.38.Seeking approval of the administrator's proposals

      6. 3.39.Invitation to creditors to form a creditors' committee

      7. 3.40.Notice of extension of time to seek approval

      8. 3.41.Notice of the creditors' decision on the administrator's proposals (paragraph 53(2))

      9. 3.42.Administrator's proposals: revision

      10. 3.43.Notice of result of creditors' decision on revised proposals (paragraph 54(6))

    8. CHAPTER 8 Limited disclosure of statements of affairs and proposals

      1. [Note: A document requirement by the Act or these Rules...

      2. 3.44.Application of Chapter

      3. 3.45.Orders limiting disclosure of statement of affairs etc.

      4. 3.46.Order for disclosure by administrator

      5. 3.47.Discharge or variation of order for limited disclosure

      6. 3.48.Publication etc. of statement of affairs or statements of proposals

    9. CHAPTER 9 Disposal of secured property

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

      2. 3.49.Disposal of secured property

    10. CHAPTER 10 Expenses of the Administration

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

      2. 3.50.Expenses

      3. 3.51.Order of priority

      4. 3.51A.Priority of moratorium debts in subsequent administration

      5. 3.52.Pre-administration costs

    11. CHAPTER 11 Extension and ending of administration

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

      2. 3.53.Interpretation

      3. 3.54.Application to extend an administration and extension by consent (paragraph 76(2) of Schedule B1)

      4. 3.55.Notice of automatic end of administration (paragraph 76 of Schedule B1)

      5. 3.56.Notice of end of administration when purposes achieved (paragraph 80(2) of Schedule B1)

      6. 3.57.Administrator's application for order ending administration (paragraph 79 of Schedule B1)

      7. 3.58.Creditors' application for order ending administration (paragraph 81 of Schedule B1)

      8. 3.59.Notice by administrator of court order

      9. 3.60.Moving from administration to creditors' voluntary winding up (paragraph 83 of Schedule B1)

      10. 3.61.Moving from administration to dissolution (paragraph 84 of Schedule B1)

    12. CHAPTER 12 Replacing the administrator

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

      2. 3.62.Grounds for resignation

      3. 3.63.Notice of intention to resign

      4. 3.64.Notice of resignation (paragraph 87 of Schedule B1)

      5. 3.65.Application to court to remove administrator from office

      6. 3.66.Notice of vacation of office when administrator ceases to be qualified to act

      7. 3.67.Deceased administrator

      8. 3.68.Application to replace

      9. 3.69.Appointment of replacement or additional administrator

      10. 3.70.Administrator's duties on vacating office

    13. CHAPTER 13 Creditors' Committees

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

      2. (2) see sections 215 and 362 of the Financial Services...

      3. 3.71.Scope

      4. 3.72.Functions of a creditors' committee

      5. 3.73.Number of members of a creditors' committee

      6. 3.74.Eligibility for membership of creditors' committee

      7. 3.75.Establishment of creditors' committees

      8. 3.76.Notice of change of membership of a committee

      9. 3.77.Vacancies: members of creditors' committee

      10. 3.78.Resignation

      11. 3.79.Termination of membership

      12. 3.80.Removal

      13. 3.81.Meetings of creditors' committee

      14. 3.82.The chair at meetings

      15. 3.83.Quorum

      16. 3.84.Committee members' representatives

      17. 3.85.Voting rights and resolutions

      18. 3.86.Resolutions by correspondence

      19. 3.87.Remote attendance at meetings of creditors' committee

      20. 3.88.Procedure for requests that a place for a meeting should be specified

      21. Notice requiring administrator to attend the creditors' committee (paragraph 57(3)(a) of Schedule B1)

      22. 3.89.(1) This rules applies where a creditors' committee in an...

      23. 3.90.Expenses of members etc.

      24. 3.91.Dealings by creditors' committee members and others

      25. 3.92.Formal defects

    14. CHAPTER 14 Reporting and Remuneration

      1. 3.93.Progress reports

      2. 3.94.Progress reports: content

      3. 3.95.Administrator's outlays and remuneration: claims

      4. 3.96.Administrator's outlays and remuneration: determination

      5. 3.97.Administrator's remuneration: basis of remuneration

      6. 3.98.Former administrator's outlays and remuneration

      7. 3.99.Appeal against fixing of remuneration.

      8. 3.100.Creditor's claim that remuneration is excessive

      9. 3.101.Remuneration of joint administrators

    15. CHAPTER 15 Claims by and distributions to Creditors

      1. 3.102.Application and interpretation of Chapter

      2. 3.103.Payments of dividends

      3. 3.104.New administrator appointed

      4. 3.105.Submission of claims

      5. 3.106.False claims or evidence

      6. 3.107.Evidence of claims

      7. 3.108.Adjudication of claims

      8. 3.109.Entitlement to draw a dividend

      9. 3.110.Liabilities and rights of obligants

      10. 3.111.Amount which may be claimed generally

      11. 3.112.Debts depending on contingency

      12. 3.113.Secured debts

      13. 3.114.Claims in foreign currency

      14. 3.115.Order of priority in distribution

      15. 3.116.Order of priority of expenses of administration

      16. 3.117.Estate to be distributed in respect of the accounting periods

      17. 3.118.Small debts

      18. 3.119.Contents of notice to be delivered to creditors owed small debts etc.

  7. PART 4 BLOCK TRANSFER OF PROCEEDINGS

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

    2. 4.1.Power to make a block transfer order

    3. 4.2.Application for a block transfer order

    4. 4.3.Action following application for a block transfer order

  8. PART 5 DECISION MAKING

    1. CHAPTER 1 Application of Part

      1. 5.1.Application of Part

    2. CHAPTER 2 Decision procedures

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

      2. 5.2.Interpretation

      3. The prescribed decision procedures

      4. 5.3.(1) The following decision procedures are prescribed for the purpose...

      5. 5.4.Electronic voting

      6. 5.5.Virtual meetings

      7. 5.6.Physical meetings

      8. Deemed consent

      9. 5.7.(1) This rule makes further provision about the deemed consent...

    3. CHAPTER 3 Notices, voting and venues for decisions

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

      2. 5.8.Notices to creditors of decision procedure

      3. 5.9.Voting in a decision procedure

      4. 5.10.Venue for the decision procedure

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

      6. 5.11.(1) Notices of decision procedures, and notices seeking deemed consent,...

      7. 5.12.Notice of decision procedure by advertisement only

      8. 5.13.Gazetting and advertisement

      9. 5.14.Notice to company officers in respect of meetings

      10. 5.15.Non-receipt of notice of decision

      11. 5.16.Decisions on remuneration and conduct

    4. CHAPTER 4 Requisitioned decisions

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

      2. Requisitions of decision

      3. 5.17.(1) In this Chapter, “requisitioned decision” means a decision requested...

      4. 5.18.Expenses and timing of requisitioned decision

    5. CHAPTER 5 Constitution of Meetings

      1. 5.19.Quorum at meetings

      2. 5.20.Chair at meetings

      3. 5.21.The chair – attendance, interventions and questions

    6. CHAPTER 6 Adjournment and suspension of meetings

      1. 5.22.Adjournment by chair

      2. 5.22A.Adjournment of meeting in, or for the purpose of, a moratorium under Part A1 of the Act

      3. 5.23.Adjournment in absence of chair

      4. 5.24.Statements of claim and documentary evidence of debt in adjournment

      5. 5.25.Suspension

    7. CHAPTER 7 Creditors' voting rights and majorities

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

      2. 5.26.Creditors' voting rights

      3. 5.27.Claim made in proceedings in other member States

      4. 5.28.Calculation of voting rights

      5. 5.29.Calculation of voting rights: hire-purchase agreements

      6. 5.30.Procedure for admitting creditors' claims for voting

      7. 5.31.Requisite majorities

      8. 5.32.Appeals against decisions under this Chapter

    8. CHAPTER 8 Exclusions from meetings

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

      2. 5.33.Action where person excluded

      3. 5.34.Indication to excluded person

      4. 5.35.Complaint

    9. CHAPTER 9 Records

      1. 5.36.Record of a decision

    10. CHAPTER 10 Company meetings

      1. 5.37.Company meetings in administration

      2. 5.38.Remote attendance: notification requirements

      3. 5.39.Location of company meetings

      4. 5.40.Action where person excluded

      5. 5.41.Indication to excluded person

      6. 5.42.Complaint

  9. PART 6 PROXIES AND CORPORATE REPRESENTATION

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

    2. 6.1.Application and interpretation

    3. 6.2.Specific and continuing proxies

    4. 6.3.Blank proxy

    5. 6.4.Use of proxies

    6. 6.5.Use of proxies by the chair

    7. 6.6.Right of inspection and delivery of proxies

    8. 6.7.Proxy-holder with financial interest

    9. Resolution conferring authorisation to represent corporation

    10. 6.8.(1) A person authorised to represent a corporation (other than...

  10. PART 7 THE EU REGULATION

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

    2. 7.1.Interpretation of this Part

    3. 7.2.Conversion into winding up proceedings: application

    4. 7.3.Conversion into winding up proceedings: court order

    5. 7.4.Proceedings in another member State: duty to give notice

    6. 7.5.Member State liquidator: rules on creditors' participation in proceedings

    7. 7.6.Main proceedings in Scotland: undertaking by office-holder in respect of assets in another member State (Article 36 of the EU Regulation)

    8. 7.7.Main proceedings in another member State: approval of undertaking offered by the member State liquidator to local creditors in the UK

    9. 7.8.Powers of an office-holder or member State liquidator in proceedings concerning members of a group of companies (Article 60 of the EU Regulation)

    10. 7.9.Group coordination proceedings (section 2 of Chapter 5 of the EU Regulation)

    11. 7.10.Group coordination order (Article 68 of the EU Regulation)

    12. 7.11.Delivery of group coordination order to registrar of companies

    13. 7.12.Office-holder's report

    14. 7.13.Publication of opening of proceedings by a member State liquidator

    15. 7.14.Statement by member State liquidator that insolvency proceedings in another member State are closed etc.

  11. Signature

    1. SCHEDULE 1

      REVOCATIONS

      1. In this Schedule, “the 1986 rules” means the Insolvency (Scotland)...

    2. SCHEDULE 2

      TRANSITIONAL AND SAVINGS PROVISIONS

      1. 1.General

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

      3. 3.Electronic communication

      4. 4.Statement of affairs

      5. 5.Savings in respect of meetings to be held on or after the commencement date and resolutions by correspondence

      6. 6.Progress reports and statements to the registrar of companies

      7. 7.Foreign currency

      8. 8.CVA moratoria

      9. 9.Applications before the court

      10. 10.Forms

      11. 11.Administrations commenced before 15th September 2003

      12. 12.Savings in respect of special insolvency rules: limited liability partnerships

    3. SCHEDULE 3

      PUNISHMENT OF OFFENCES UNDER THESE RULES

    4. SCHEDULE 4

      INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK

      1. PART 1

        1. 1.A decision of the Sheriff or the Court of Session...

      2. PART 3

        1. 2.Any statement of affairs delivered to the administrator in accordance...

        2. 3.Any statement of concurrence delivered to the administrator in accordance...

        3. 4.A copy of the notice of the result of the...

        4. 5.A copy of the certified order delivered to the administrator...

        5. 6.A record of every resolution passed at a creditors' committee...

        6. 7.A copy of every resolution passed under rule 3.86, together...

        7. 8.Under rule 3.96: (a) the accounts submitted for audit;

        8. 9.(1) Details of the administrator's decision to accept a claim...

        9. 10.Details of— (a) any agreement reached under rule 3.117(2)(b)(i); or...

      3. PART 5

        1. 11.A record of a decision procedure made in accordance with...

        2. 12.A record of a deemed consent procedure made in accordance...

      4. PART 6

        1. 13.All proxies used for voting at a meeting, as soon...

  12. Explanatory Note

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources