Article 5.35 Sole or final dividendI1

England and Wales

(1)

Where it is intended that the distribution is to be a sole or final dividend, after the date specified as the last date for proving in the notice under rule 5.26, the housing administrator must—

(a)

pay any outstanding pre-administration expenses;

(b)

pay any items payable in accordance with the provisions of paragraph 99 of Schedule B1^f1;

(c)

pay any amount outstanding (including debts or liabilities and the housing administrator’s own remuneration and expenses) which would, if the housing administrator were to cease to be the housing administrator of the registered provider, be payable out of the property of which the housing administrator had custody or control in accordance with the provisions of paragraph 99 of Schedule B1; and

(d)

declare and distribute that dividend without regard to the claim of any person in respect of a debt not already proved.

(2)

The reference in paragraph (1)(d) to debts that have not been proved does not include small debts treated as proved by the housing administrator.

(3)

The court may, on the application of any person, postpone the date specified in the notice under rule 5.26.

Annotations

Commencement

I1: Rule 5.35 in force at 5.7.2018, see rule 1.1

Footnotes

f1: Paragraph 99 was amended by paragraph 27 of Schedule 6 to the Deregulation Act 2015 (c. 20).