OpenLegislation

Rule 14.28 Gazette notice of intended first dividend or distributionC1

(1)

Subject to paragraphs (2) and (4) where the office-holder intends to declare a first dividend or distribution the office-holder must gazette a notice containing—

(a)

a statement that the office-holder intends to declare a first dividend or distribution;

(b)

the date by which and place to which proofs must be delivered; and

(c)

in the case of a members' voluntary winding up, where the dividend or distribution is to be a sole or final distribution, a statement that the distribution may be made without regard to the claim of any person in respect of a debt not proved.

(2)

Where the intended dividend is only to preferential creditors F1or creditors in respect of a debt which is a moratorium debt or priority pre-moratorium debt within the meaning given by section 174A the office-holder need only gazette a notice if the office-holder thinks fit.

(3)

The office-holder may in addition advertise such a notice in such other manner (if any) as the office-holder thinks fit.

(4)

Paragraph (1) does not apply where the office-holder has previously, by a notice which has been gazetted, invited creditors to prove their debts.

Annotations

Textual amendments

F1

Words in rule 14.28(2) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 61 (with rules 4, 5)

Modifications

C1

Rules 14.28-14.35 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 104-108, Sch. (with rule 2(2))

Notes on Part 14

Textual amendments

F1

Words in Pt. 14 heading inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 52 (with rules 4, 5)