Rule 14.28 Gazette notice of intended first dividend or distributionC1
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 statement that the office-holder intends to declare a first dividend or distribution;
the date by which and place to which proofs must be delivered; and
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.
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.
The office-holder may in addition advertise such a notice in such other manner (if any) as the office-holder thinks fit.
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))