{
  "url": "https://openlegislation.uk/insolvency-amendment-rules-northern-ireland-2002/note",
  "json_url": "https://openlegislation.uk/insolvency-amendment-rules-northern-ireland-2002/note.json",
  "legislation": "nisr/2002/261",
  "legislation_title": "The Insolvency (Amendment) Rules (Northern Ireland) 2002",
  "legislation_url": "https://openlegislation.uk/insolvency-amendment-rules-northern-ireland-2002",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Rules.)\nThese Rules amend the Insolvency Rules (Northern Ireland) 1991 (S.R. 1991 No. 364) (“the 1991 Rules”) in the light of Council Regulation (EC) No. 1346/2000 of 29th May 2000 on insolvency proceedings, O.J. No. L160, 30.06.00. p. 1 (the “EC Regulation”) which came into force on 31st May 2002.\nThe EC Regulation aims to provide for the efficient and effective functioning of cross-border insolvency proceedings in the European Union.\nThe main amendments to the 1991 Rules are –\nto provide procedures for the conversion of company and individual voluntary arrangements and administration into winding up for companies and bankruptcy for individuals on the application of a liquidator appointed in another EU member State (“a member State liquidator”) in main proceedings (“member state liquidator” and “main proceedings” are defined by new definitions by reference to the EC Regulation inserted into the 1991 Rules);\nto note particular rules in the 1991 Rules to which the right of a member State liquidator to participate in proceedings on the same basis as a creditor is relevant, for example, entitlement to vote under Rules 2.25 (administration), 4.073 (winding up) and 6.090 (bankruptcy);\nto provide, under the 1991 Rules, for giving notice of insolvency proceedings, and to give notice of various steps taken in such proceedings, to member State liquidators;\nto provide, under the 1991 Rules, for the right of a member State liquidator appointed in main proceedings or a temporary liquidator to be able to apply for the appointment of a provisional liquidator of a company or an interim receiver of an individual (“temporary administrator” is defined by a new definition by reference to the EC Regulation inserted into the 1991 Rules);\nto provide a procedure allowing a liquidator of a company being wound up voluntarily under Part V of the Insolvency (Northern Ireland) Order 1989 to apply to court (using a newly prescribed form) for the confirmation of the proceedings, such confirmation being a pre-requisite for recognition of a voluntary winding up in other member States under the EC Regulation;\nto remove conflicts between the EC Regulation and the Rules, for example, in new Rule 6.113(3) in relation to the rights in rem (secured rights) of creditors where the secured assets are in other member States;\nto make provision with regard to voting at creditors' meeting and proving for dividends in insolvency proceedings where the EC Regulation applies; and\nto provide revised forms, among others forms, for petitions and orders which require petitioners and the court to consider the applicability of the EC Regulation to the proceedings in question.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2002/261/note",
    "retrieved_at": "2026-10-29T02:06:54.843867+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}