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

Administrator's outlays and remuneration: claims S

3.95.—(1) Where an administrator intends to submit a claim for the outlays reasonably incurred by the administrator and for remuneration within two weeks after the end of an accounting period, the administrator must submit to the creditors' committee or, if there is no creditors' committee, make available to creditors for the purposes of a decision procedure in respect of that period—

(a) the administrator's accounts of their intromissions with the company's assets;

(b) where funds are available after making allowance for contingencies, a scheme of division of the divisible funds; and

(c) a claim for—

(i) any outlays reasonably incurred by the administrator, and

(ii) the administrator's remuneration.

(2) The administrator may, at any time within two weeks after the end of an accounting period, in respect of the previous accounting period, submit to a creditors' committee, or if there is no creditors' committee, seek approval from creditors through a decision procedure for—

(a) the administrator's accounts of its intromissions with the company's assets for audit (such accounts of intromissions may include or consist of a progress report in terms of rules 3.93 and 3.94);

(b) the outlays reasonably incurred by the administrator; and

(c) the administrator's remuneration.

(3) The administrator may, at any time before the end of an accounting period submit to the creditors' committee or, if there is no creditors' committee, seek approval from creditors through a decision procedure for, an interim claim in respect of that period—

(a) for the outlays reasonably incurred by the administrator; and

(b) for the administrator's remuneration.

(4) If the administrator submits such an interim claim, the creditors' committee, or the creditors by decision procedure as the case may be may issue an interim determination in relation to the amount of the outlays and remuneration payable to the administrator, and where they do so, they must take into account that interim determination when issuing their determination under paragraph 3.96(1)(a)(ii).