The Insolvency Rules 1986

S.I. 1986/1925 · Made 10 November 1986 · Extends to England and Wales

INSOLVENCY

COMPANIES, INDIVIDUALS, ENGLAND AND WALES

Made 10th November 1986

Laid before Parliament 1st December 1986

Coming into force 29th December 1986

The Lord Chancellor, in the exercise of his powers under sections 411 and 412 of the Insolvency Act 1986, with the concurrence of the Secretary of State, and after consulting the committee existing for that purpose under section 413 of that Act, hereby makes the following Rules:—C1 C2 C3 C4 C5 C6 C7 C8 C9

Annotations to the whole text

Modifications

C1: Rules applied (29.12.1986) by The Administration of Insolvent Estates of Deceased Persons Order 1986 (S.I. 1986/1999), arts. 1, 3(1) (with art. 3(2))
C2: Rules construed as one with the amending S.I. (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rules 1, 2(2)
C3: Rules construed as one with the amending S.I. (3.4.1989 with application in accordance with rule. 3(2)) by The Insolvency (Amendment) Rules 1989 (S.I. 1989/397), rules 1, 2(2)
C4: Rules modified in part (1.1.1992) by The Solicitors' Incorporated Practices Order 1991 (S.I. 1991/2684), arts. 1, 4, 5, Sch. 1
C5: Rules applied (with modifications) (6.4.2001) by Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090), reg. 1, Sch. 6 Pt. 2 para. 3 (with reg. 10(2))
C6: Rules excluded (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 10.11
C7: Rules applied (with modifications) (1.12.2001) by The Bankruptcy (Financial Services and Markets Act 2000) Rules 2001 (S.I. 2001/3634), rules 1, 3-8
C8: Rules applied (with modifications) (1.8.2007) by The European Grouping of Territorial Cooperation Regulations 2007 (revoked) 2007 (S.I. 2007/1949), regs. 1(2), 7, Sch. Pt. 3
C9: Rules applied (6.8.2007) by S.I. 1987/2023, rule 2(5) (as inserted by The Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 2007 (S.I. 2007/1906), rules 1(1), 3(3) (with rule 1(3)))

INTRODUCTORY PROVISIONS
Part
0.1Citation and commencement
0.2Construction and interpretation
0.3Extent
THE FIRST GROUP OF PARTS
Part 1: COMPANY VOLUNTARY ARRANGEMENTS
Chapter 1: PRELIMINARY
1.1Scope of this Part; interpretation
Chapter 2: PROPOSAL BY DIRECTORS
1.2Preparation of proposal
1.3Contents of proposal
1.4Notice to intended nominee
1.5Statement of affairs
1.6Additional disclosure for assistance of nominee
1.7Nominee's report on the proposal
1.8Replacement of nominee
1.9Summoning of meetings under s. 3
Chapter 3: PROPOSAL BY ADMINISTRATOR OR LIQUIDATOR (HIMSELF THE NOMINEE)
1.10Preparation of proposal
1.11Summoning of meetings under s. 3
Chapter 4: PROPOSAL BY ADMINISTRATOR OR LIQUIDATOR (ANOTHER INSOLVENCY PRACTITIONER THE NOMINEE)
1.12Preparation of proposal and notice to nominee
Chapter 5: PROCEEDINGS ON A PROPOSAL MADE BY THE DIRECTORS, OR BY THE ADMINISTRATOR, OR BY THE LIQUIDATOR
SECTION A: MEETINGS OF COMPANY'S CREDITORS AND MEMBERS
1.13Summoning of meetings
1.14The chairman at meetings
1.15The chairman as proxy-holder
1.16Attendance by company officers
SECTION B: VOTING RIGHTS AND MAJORITIES
1.17Entitlement to vote (creditors)
1.17AProcedure for admission of creditors' claims for voting purposes
1.18Voting rights (members)
1.19Requisite majorities (creditors)
1.20Requisite majorities (members)
1.21Proceedings to obtain agreement on the proposal
SECTION C: IMPLEMENTATION OF THE ARRANGEMENT
1.22Resolutions to follow approval
1.22ANotice of order made under section 4A(6)
1.23Hand-over of property etc. to supervisor
1.24Report of meetings
1.25Revocation or suspension of the arrangement
1.26Supervisor's accounts and reports
1.27Production of accounts and records to Secretary of State
1.28Fees, costs, charges and expenses
1.29Completion or termination of the arrangement
Chapter 6: GENERAL
1.30False representations, etc Repealed
Chapter 7: EC Regulation—Conversion of Voluntary Arrangement into Winding up
1.31Application for conversion into winding up
1.32Contents of affidavit
1.33Power of court
Chapter 8: EC Regulation—Member State Liquidator
1.34Interpretation of creditor and notice to member State liquidator
Chapter 9: OBTAINING A MORATORIUM
PROCEEDINGS DURING A MORATORIUM
1.35Preparation of proposal by directors and submission to nominee
1.36Delivery of documents to the intended nominee etc.
1.37Statement of affairs
1.38The nominee’s statement
1.39Documents submitted to the court to obtain moratorium
1.40Notice and advertisement of beginning of a moratorium
1.41Notice of extension of moratorium
1.42Notice and advertisement of end of moratorium
SECTION B: PROCEEDINGS DURING A MORATORIUM
1.43Disposal of charged property etc. during a moratorium
SECTION C: NOMINEES
1.44Withdrawal of nominee’s consent to act
1.45Replacement of nominee by the court
1.46Notification of appointment of a replacement nominee
1.47Applications to court under paragraphs 26 or 27 of Schedule A1 to the Act
SECTION D: CONSIDERATION OF PROPOSALS WHERE MORATORIUM OBTAINED
1.48Summoning of meetings; procedure at meetings etc.
1.49Entitlement to vote (creditors)
1.50Procedure for admission of creditors' claims for voting purposes
1.51Voting rights (members)
1.52Requisite majorities (creditors)
1.53Requisite majorities (members) and proceedings to obtain agreement on the proposal
1.54Implementation of the arrangement
Part 2: ADMINISTRATION PROCEDURE
Chapter 1: PRELIMINARY
2.1Introductory and interpretation
Chapter 2: APPOINTMENT OF ADMINISTRATOR BY COURT
2.2Affidavit in support of administration application
2.3Form of application
2.4Contents of application and affidavit in support
2.5Filing of application
2.6Service of application
2.7Notice to officers charged with execution of writs or other process , etc
2.8Manner in which service to be effected
2.9Proof of service
2.10Application to appoint specified person as administrator by holder of qualifying floating charge
2.11Application where company in liquidation
2.12The hearing
2.13The hearing
2.14Notice of administration order
Chapter 3: APPOINTMENT OF ADMINISTRATOR BY HOLDER OF FLOATING CHARGE
2.15Notice of intention to appoint
2.16Notice of appointment
2.17Notice of appointment
2.18Notice of appointment
2.19Appointment taking place out of court business hours
Chapter 4: APPOINTMENT OF ADMINISTRATOR BY COMPANY OR DIRECTORS
2.20Notice of intention to appoint
2.21Notice of intention to appoint
2.22Notice of intention to appoint
2.23Notice of appointment
2.24Notice of appointment
2.25Notice of appointment
2.26Notice of appointment
Chapter 5: PROCESS OF ADMINISTRATION
2.27Notification and advertisement of administrator’s appointment
2.28Notice requiring statement of affairs
2.29Verification and filing
2.30Limited disclosure
2.31Release from duty to submit statement of affairs; extension of time
2.32Expenses of statement of affairs
2.33Administrator’s proposals
Chapter 6: MEETINGS AND REPORTS
SECTION A: CREDITORS' MEETINGS
2.34Meetings to consider administrator’s proposals
2.35Creditors' meetings generally
2.36The chairman at meetings
2.37Meeting requisitioned by creditors
2.38Entitlement to vote
2.39Admission and rejection of claims
2.40Secured creditors
2.41Holders of negotiable instruments
2.42Hire-purchase, conditional sale and chattel leasing agreements
2.43Resolutions
2.44Minutes
2.45Revision of the administrator’s proposals
2.46Notice to creditors
2.47Reports to creditors
2.48Correspondence instead of creditors' meetings
SECTION B: COMPANY MEETINGS
2.49Venue and conduct of company meeting
Chapter 7: THE CREDITORS' COMMITTEE
2.50Constitution of committee
2.51Formalities of establishment
2.52Functions and meetings of the committee
2.53The chairman at meetings
2.54Quorum
2.55Committee-members' representatives
2.56Resignation
2.57Termination of membership
2.58Removal
2.59Vacancies
2.60Procedure at meetings
2.61Resolutions of creditors' committee by post
2.62Information from administrator
2.63Expenses of members
2.64Members' dealing with the company
2.65Formal defects
Chapter 8: DISPOSAL OF CHARGED PROPERTY
2.66Rule 2.66
Chapter 9: EXPENSES OF THE ADMINISTRATION
2.67Rule 2.67
Chapter 10: DISTRIBUTIONS TO CREDITORSSECTION A: APPLICATION OF CHAPTER AND GENERAL
2.68Rule 2.68
2.69Debts of insolvent company to rank equally
2.70Supplementary provisions as to dividend
2.71Division of unsold assets
SECTION B: MACHINERY OF PROVING A DEBT
2.72Proving a debt
2.73Claim established by affidavit
2.74Costs of proving
2.75Administrator to allow inspection of proofs
2.76New administrator appointed
2.77Admission and rejection of proofs for dividend
2.78Appeal against decision on proof
2.79Withdrawal or variation of proof
2.80Expunging of proof by the court
SECTION C: QUANTIFICATION OF CLAIMS
2.81Estimate of quantum
2.82Negotiable instruments, etc
2.83Secured creditors
2.84Discounts
2.85Mutual credit and set-off
2.86Debt in foreign currency
2.87Payments of a periodical nature
2.88Interest
2.89Debt payable at future time
2.90Value of security
2.91Surrender for non-disclosure
2.92Redemption by administrator
2.93Test of security’s value
2.94Realisation of security by creditor
2.95Notice of proposed distribution
2.96Admission or rejection of proofs
2.97Declaration of dividend
2.98Notice of declaration of a dividend
2.99Payments of dividends and related matters
2.100Notice of no dividend, or no further dividend
2.101Proof altered after payment of dividend
2.102Secured creditors
2.103Disqualification from dividend
2.104Assignment of right to dividend
2.105Debt payable at future time
Chapter 11: THE ADMINISTRATOR
2.106Fixing of remuneration
2.107Recourse to meeting of creditors
2.108Recourse to the court
2.109Creditors' claim that remuneration is excessive
Chapter 12: ENDING ADMINISTRATION
2.110Final progress reports
2.111Notice of automatic end of administration
2.112Applications for extension of administration
2.113Notice of end of administration
2.114Application to court by administrator
2.115Application to court by creditor
2.116Notification by administrator of court order
2.117Moving from administration to creditors' voluntary liquidation
2.118Moving from administration to dissolution
Chapter 13: REPLACING ADMINISTRATOR
2.119Grounds for resignation
2.120Notice of intention to resign
2.121Notice of resignation
2.122Application to court to remove administrator from office
2.123Notice of vacation of office when administrator ceases to be qualified to act
2.124Administrator deceased
2.125Application to replace
2.126Notification and advertisement of appointment of replacement administrator
2.127Notification and advertisement of appointment of joint administrator
2.128Notification and advertisement of appointment of joint administrator
2.129Administrator’s duties on vacating office
Chapter 14: EC REGULATION: CONVERSION OF ADMINISTRATION INTO WINDING UP
2.130Application for conversion into winding up
2.131Contents of affidavit
2.132Power of court
Chapter 15: EC REGULATION: MEMBER STATE LIQUIDATOR
2.133Interpretation of creditor and notice to member State liquidator
Part 3: ADMINISTRATIVE RECEIVERSHIP
Chapter 1: APPOINTMENT OF ADMINISTRATIVE RECEIVER
3.1Acceptance and confirmation of acceptance of appointment
3.2Notice and advertisement of appointment
Chapter 2: STATEMENT OF AFFAIRS AND REPORT TO CREDITORS
3.3Notice requiring statement of affairs
3.4Verification and filing
3.5Limited disclosure
3.6Release from duty to submit statement of affairs; extension of time
3.7Expenses of statement of affairs
3.8Report to creditors
Chapter 3: CREDITORS' MEETING
3.9Procedure for summoning meeting under s.48(2)
3.10The chairman at the meeting
3.11Voting rights
3.12Admission and rejection of claim
3.13Quorum Repealed
3.14Adjournment
3.15Resolutions and minutes
Chapter 4: THE CREDITORS' COMMITTEE
3.16Constitution of committee
3.17Formalities of establishment
3.18Functions and meetings of the committee
3.19The chairman at meetings
3.20Quorum
3.21Committee-members' representatives
3.22Resignation
3.23Termination of membership
3.24Removal
3.25Vacancies
3.26Procedure at meetings
3.27Resolutions by post
3.28Information from receiver
3.29Expenses of members
3.30Members' dealings with the company
3.30AFormal defects
Chapter 5: THE ADMINISTRATIVE RECEIVER (MISCELLANEOUS)
3.31Disposal of charged property
3.32Abstract of receipts and payments
3.33Resignation
3.34Receiver deceased
3.35Vacation of office
Chapter 6: VAT BAD DEBT RELIEF
3.36Issue of certificate of insolvency
3.37Notice to creditors
3.38Preservation of certificate with company's records
Chapter 7: SECTION 176A: THE PRESCRIBED PART
3.39Report to creditors
3.40Receiver to deal with prescribed part
Part 4: COMPANIES WINDING UP
Chapter 1: THE SCHEME OF THIS PART OF THE RULES
4.1Voluntary winding up; winding up by the court
4.2Winding up by the court: the various forms of petition (NO CVL APPLICATION)
4.3Time-limits
Chapter 2: THE STATUTORY DEMAND (NO CVL APPLICATION)
4.4Preliminary
4.5Form and content of statutory demand
4.6Information to be given in statutory demand
Chapter 3: PETITION TO WINDING-UP ORDER (NO CVL APPLICATION) (NO APPLICATION TO PETITION BY CONTRIBUTORIES)
4.7Presentation and filing of petition
4.8Service of petition
4.9Proof of service
4.10Other persons to receive copies of petition
4.11Advertisement of petition
4.12Verification of petition
4.13Persons entitled to copy of petition
4.14Certificate of compliance
4.15Leave for petitioner to withdraw
4.16Notice of appearance
4.17List of appearances
4.18Affidavit in opposition
4.19Substitution of creditor or contributory for petitioner
4.20Notice and settling of winding-up order
4.21Transmission and advertisement of order
4.21AExpenses of voluntary arrangement
Chapter 4: PETITION BY CONTRIBUTORIES (NO CVL APPLICATION)
4.22Presentation and service of petition
4.23Return of petition
4.24Application of Rules in Chapter 3
Chapter 5: PROVISIONAL LIQUIDATOR (NO CVL APPLICATION)
4.25Appointment of provisional liquidator
4.25ANotice of appointment
4.26Order of appointment
4.27Deposit
4.28Security
4.29Failure to give or keep up security
4.30Remuneration
4.31Termination of appointment
Chapter 6: STATEMENT OF AFFAIRS AND OTHER INFORMATION
4.32Notice requiring statement of affairs
4.33Verification and filing
4.34-CVLStatement of affairs
4.34A-CVLCopy statement of affairs
4.35Limited disclosure
4.36Release from duty to submit statement of affairs; extension of time
4.37Expenses of statement of affairs
4.38-CVLExpenses of statement of affairs
4.39Submission of accounts
4.40-CVLSubmission of accounts
4.41-CVLExpenses of preparing accounts
4.42Further disclosure
Chapter 7: INFORMATION TO CREDITORS AND CONTRIBUTORIES
4.43Reports by official receiver
4.44Meaning of “creditors”
4.45Report where statement of affairs lodged
4.46Statement of affairs dispensed with
4.47General rule as to reporting
4.48Winding up stayed
4.49-CVLInformation to creditors and contributories
4.49AFurther information where liquidation follows administration
Chapter 8: MEETINGS OF CREDITORS AND CONTRIBUTORIES
SECTION A: RULES OF GENERAL APPLICATION
4.50First meetings
4.51-CVLFirst meeting of creditors
4.52Business at first meetings in the liquidation
4.53-CVLBusiness at meeting under s. 95 or 98
4.53A-CVLEffect of adjournment of company meeting
4.53B-CVLReport by director, etc.
4.54General power to call meetings
4.55The chairman at meetings
4.56-CVLThe chairman at meetings
4.57Requisitioned meetings
4.58Attendance at meetings of company's personnel
4.59Notice of meetings by advertisement only
4.60Venue
4.61Expenses of summoning meetings
4.62-CVLExpenses of meeting under s. 98
4.63Resolutions
4.64Chairman of meeting as proxy-holder
4.65Suspension and adjournment
4.66Quorum Repealed
4.67Entitlement to vote (creditors)
4.68-CVLChairman's discretion to allow vote
4.69Entitlement to vote (contributories)
4.70Admission and rejection of proof (creditors' meeting)
4.71Record of proceedings
SECTION B: WINDING UP OF RECOGNISED BANKS, ETC
4.72Additional provisions as regards certain meetings
Chapter 9: PROOF OF DEBTS IN A LIQUIDATION
SECTION A: PROCEDURE FOR PROVING
4.73Meaning of “prove”
4.74Supply of Forms
4.75Contents of proof
4.76-CVLParticulars of creditor's claim
4.77Claim established by affidavit
4.78Cost of proving
4.79Liquidator to allow inspection of proofs
4.80Transmission of proofs to liquidator
4.81New liquidator appointed
4.82Admission and rejection of proofs for dividend
4.83Appeal against decision on proof
4.84Withdrawal or variation of proof
4.85Expunging of proof by the court
SECTION B: QUANTIFICATION OF CLAIM
4.86Estimate of quantum
4.87Negotiable instruments, etc
4.88Secured creditors
4.89Discounts
4.90Mutual credit and set-off
4.91Debt in foreign currency
4.92Payments of a periodical nature
4.93Interest
4.94Debt payable at future time
Chapter 10: SECURED CREDITORS
4.95Value of security
4.96Surrender for non-disclosure
4.97Redemption by liquidator
4.98Test of security's value
4.99Realisation of security by creditor
Chapter 11: THE LIQUIDATOR
SECTION A: APPOINTMENT AND ASSOCIATED FORMALITIES
4.100Appointment by creditors or contributories
4.101-CVLAppointment by creditors or by the company
4.101A-CVLPower to fill vacancy in office of liquidator
4.102Appointment by the court
4.103-CVLAppointment by the court
4.104Appointment by Secretary of State
4.105Authentication of liquidator's appointment
4.106Appointment to be advertised and registered
4.107Hand-over of assets to liquidator
SECTION B: RESIGNATION AND REMOVAL; VACATION OF OFFICE
4.108Creditors' meeting to receive liquidator's resignation
4.109Action following acceptance of resignation
4.110-CVLAction following acceptance of resignation
4.111Leave to resign granted by the court
4.112Advertisement of resignation
4.113Meeting of creditors to remove liquidator
4.114-CVLMeeting of creditors to remove liquidator
4.115Court's power to regulate meetings under Rules 4.113, 4.114-CVL
4.116Procedure on removal
4.117-CVLProcedure on removal
4.118Advertisement of removal
4.119Removal of liquidator by the court
4.120-CVLRemoval of liquidator by the court
4.121Release of resigning or removed liquidator
4.122-CVLRelease of resigning or removed liquidator
4.123Removal of liquidator by Secretary of State
SECTION C: RELEASE ON COMPLETION OF ADMINISTRATION
4.124Release of official receiver
4.125Final meeting
4.125ARule as to reporting
4.126-CVLFinal meeting
SECTION D: REMUNERATION
4.127Fixing of remuneration
4.127ALiquidator’s entitlement to remuneration where it is not fixed under Rule 4.127
4.127BLiquidator’s remuneration where he realises assets on behalf of chargeholder
4.128Other matters affecting remuneration
4.129Recourse of liquidator to meeting of creditors
4.130Recourse to the court
4.131Creditors' claim that remuneration is excessive
SECTION E: SUPPLEMENTARY PROVISIONS
4.132Liquidator deceased
4.133-CVLLiquidator deceased
4.134Loss of qualification as insolvency practitioner
4.135-CVLLoss of qualification as insolvency practitioner
4.136-CVLVacation of office on making of winding-up order
4.137Notice to official receiver of intention to vacate office (NO CVL APPLICATION)
4.138Liquidator's duties on vacating office
SECTION F: THE LIQUIDATOR IN A MEMBERS' VOLUNTARY WINDING UP
4.139Appointment by the company
4.140Appointment by the court
4.141Authentication of liquidator's appointment
4.142Company meeting to receive liquidator's resignation
4.143Removal of liquidator by the court
4.144Release of resigning or removed liquidator
4.145Liquidator deceased
4.146Loss of qualification as insolvency practitioner
4.147Vacation of office on making of winding-up order
4.148Liquidator's duties on vacating office
4.148ARemuneration of liquidator in members' voluntary winding up
4.148BLiquidator’s remuneration in members' voluntary liquidation where it is not fixed under Rule 4.148A
SECTION G: RULES APPLYING IN EVERY WINDING UP, WHETHER VOLUNTARY OR BY THE COURT
4.149Power of court to set aside certain transactions
4.150Rule against solicitation
Chapter 12: THE LIQUIDATION COMMITTEE
4.151Preliminary
4.152Membership of committee
4.153Formalities of establishment
4.154Committee established by contributories
4.155Obligations of liquidator to committee
4.156Meetings of the committee
4.157The chairman at meetings
4.158Quorum
4.159Committee-members' representatives
4.160Resignation
4.161Termination of membership
4.162Removal
4.163Vacancy (creditor members)
4.164Vacancy (contributory members)
4.165Voting rights and resolutions
4.166-CVLVoting rights and resolutions
4.167Resolutions by post
4.168Liquidator's reports
4.169Expenses of members, etc
4.170Dealings by committee-members and others
4.171Composition of committee when creditors paid in full
4.172Committee's functions vested in Secretary of State
4.172AFormal defects
Chapter 13: THE LIQUIDATION COMMITTEE WHERE WINDING UP FOLLOWS IMMEDIATELY ON ADMINISTRATION (NO CVL APPLICATION)
4.173Preliminary
4.174Continuation of creditors' committee
4.175Membership of committee
4.176Liquidator's certificate
4.177Obligations of liquidator to committee
4.178Application of Chapter 12
Chapter 14: COLLECTION AND DISTRIBUTION OF COMPANY'S ASSETS BY LIQUIDATOR
4.179General duties of liquidator
4.180Manner of distributing assets
4.181Debts of insolvent company to rank equally
4.182Supplementary provisions as to dividend
4.182ADistribution in members' voluntary winding up (NO CVL APPLICATION)
4.183Division of unsold assets
4.184General powers of liquidator
4.185Enforced delivery up of company's property
4.186Final distribution
Chapter 15: DISCLAIMER
4.187Liquidator's notice of disclaimer
4.188Communication of disclaimer to persons interested
4.189Additional notices
4.190Duty to keep court informed
4.191Application by interested party under s.178(5)
4.192Interest in property to be declared on request
4.193Disclaimer presumed valid and effective
4.194Application for exercise of court's powers under s. 181
Chapter 16: SETTLEMENT OF LIST OF CONTRIBUTORIES (NO CVL APPLICATION)
4.195Preliminary
4.196Duty of liquidator to settle list
4.197Form of list
4.198Procedure for settling list
4.199Application to court for variation of the list
4.200Variation of, or addition to, the list
4.201Costs not to fall on official receiver
Chapter 17: CALLS (NO CVL APPLICATION)
4.202Calls by liquidator
4.203Control by liquidation committee
4.204Application to court for leave to make a call
4.205Making and enforcement of the call
Chapter 18: SPECIAL MANAGER
4.206Appointment and remuneration
4.207Security
4.208Failure to give or keep up security
4.209Accounting
4.210Termination of appointment
Chapter 19: PUBLIC EXAMINATION OF COMPANY OFFICERS AND OTHERS
4.211Order for public examination
4.212Notice of hearing
4.213Order on request by creditors or contributories
4.214Witness unfit for examination
4.215Procedure at hearing
4.216Adjournment
4.217Expenses of examination
Chapter 20: ORDER OF PAYMENT OF COSTS, ETC., OUT OF ASSETS
4.218General rule as to priority
4.219Winding up commencing as voluntary
4.220Saving for powers of the court
Chapter 21: MISCELLANEOUS RULES
SECTION A: RETURN OF CAPITAL (NO CVL APPLICATION)
4.221Application to court for order authorising return
4.222Procedure for return
SECTION B: CONCLUSION OF WINDING UP
4.223-CVLStatements to registrar of companies under s.192
SECTION C: DISSOLUTION AFTER WINDING UP
4.224Secretary of State's directions under ss.203, 205
4.225Procedure following appeal under s.203(4) or 205(4)
Chapter 22: LEAVE TO ACT AS DIRECTOR, ETC., OF COMPANY WITH PROHIBITED NAME (SECTION 216 OF THE ACT)
4.226Preliminary
4.227Application for leave under s.216(3)
4.228First excepted case
4.229Second excepted case
4.230Third excepted case
Chapter 23: EC Regulation—Member State Liquidator
4.231Interpretation of creditor and notice to member State liquidator
THE SECOND GROUP OF PARTS
Part 5: INDIVIDUAL VOLUNTARY ARRANGEMENTS
Chapter 1: PRELIMINARY
5.1Introductory
Chapter 2: PREPARATION OF THE DEBTOR'S PROPOSAL
5.2Preparation of proposal
5.3Contents of proposal
5.4Notice to the intended nominee
5.5Statement of Affairs
5.6Additional disclosure for assistance of nominee
Chapter 3: CASES IN WHICH AN APPLICATION FOR AN INTERIM ORDER IS MADE
5.7Application for interim order
5.8Court in which application to be made
5.9Hearing of the application
5.10Action to follow making of order
5.11Nominee’s report on the proposal
5.12Replacement of nominee
5.13Consideration of nominee’s report
Chapter 4: CASES WHERE NO INTERIM ORDER IS TO BE OBTAINED
5.14Nominee’s report to the court
5.15Filing of reports made under section 256A—appropriate court
5.16Applications to the court
Chapter 5: CREDITORS' MEETINGS
5.17Summoning of creditors' meeting
5.18Creditors' meeting: supplementary
5.19The chairman at the meeting
5.20The chairman as proxy-holder
5.21Entitlement to vote
5.22Procedure for admission of creditors' claims for voting purposes
5.23Requisite majorities
5.24Proceedings to obtain agreement on the proposal
Chapter 6: IMPLEMENTATION OF THE ARRANGEMENT
5.25Resolutions to follow approval
5.26Hand-over of property, etc to supervisor
5.27Report of creditors' meeting
5.28Register of voluntary arrangements Repealed
5.29Reports to Secretary of State
5.30Revocation or suspension of the arrangement
5.31Supervisor’s accounts and reports
5.32Production of accounts and records to Secretary of State
5.33Fees, costs, charges and expenses
5.34Completion or termination of the arrangement
Chapter 7: FAST-TRACK VOLUNTARY ARRANGEMENT
5.35Application of Chapter
5.36Interpretation
5.37Contents of proposal
5.38Requirement for the official receiver’s decision
5.39Arrangements for approval of fast-track voluntary arrangement
5.40Approval by creditors
5.41Entitlement to vote
5.42Procedure for admission of creditors' claims for voting purposes
5.43Requisite majorities
5.44Notification to the court
5.45Notice of appointment as supervisor etc
5.46Revocation of the fast-track voluntary arrangement
5.47Supervisor’s accounts and reports
5.48Fees, costs and expenses in respect of the performance of the functions of the official receiver
5.49Employment of agents by the supervisor
5.50Completion or termination of the fast-track voluntary arrangement
Chapter 8: APPLICATION BY A BANKRUPT TO ANNULA BANKRUPTCY ORDER UNDER SECTION 261(2)(a)
5.51Application of this Chapter
5.52Application to court
5.53Notice to creditors
Chapter 9: APPLICATION BY OFFICIAL RECEIVER TO ANNUL A BANKRUPTCY ORDER UNDER SECTION 261(2)(b)
5.54Application of this Chapter
5.55Application to court
5.56Notice to creditors
Chapter 10: APPLICATION BY OFFICIAL RECEIVER TO ANNULA BANKRUPTCY ORDER UNDER SECTION 263D(3)
5.57Application of this Chapter
5.58Application to court
5.59Notice to creditors
Chapter 11: OTHER MATTERS ARISING ON ANNULMENTS UNDER SECTIONS 261(2)(a), 261(2)(b) OR 263D(3)
5.60Rule 5.60
5.61Trustee’s final account
Chapter 12: EC REGULATION: CONVERSION OF VOLUNTARY ARRANGEMENT INTO BANKRUPTCY
5.62Application for conversion of voluntary arrangement into bankruptcy
5.63Contents of affidavit
5.64Power of court
5.65Notices to be given to member State liquidator
Part 6: BANKRUPTCY
Chapter 1: THE STATUTORY DEMAND
6.1Form and content of statutory demand
6.2Information to be given in statutory demand
6.3Requirements as to service
6.4Application to set aside statutory demand
6.5Hearing of application to set aside
Chapter 2: BANKRUPTCY PETITION (CREDITOR'S)
6.6Preliminary
6.7Identification of debtor
6.8Identification of debt
6.9Court in which petition to be presented
6.10Procedure for presentation and filing
6.11Proof of service of statutory demand
6.12Verification of petition
6.13Notice to Chief Land Registrar
6.14Service of petition
6.15Proof of service
6.16Death of debtor before service
6.17Security for costs (s. 268(2) only)
6.18Hearing of petition
6.19Petition against two or more debtors Repealed
6.20Petition by moneylender
6.21Petition opposed by debtor
6.22Amendment of petition
6.23Notice by persons intending to appear
6.24List of appearances
6.25Decision on the hearing
6.26Non-appearance of creditor
6.27Vacating registration on dismissal of petition
6.28Extension of time for hearing
6.29Adjournment
6.30Substitution of petitioner
6.31Change of carriage of petition
6.32Petitioner seeking dismissal or leave to withdraw
6.33Settlement and content of bankruptcy order
6.34Action to follow making of order
6.35Amendment of title of proceedings
6.36Old bankruptcy notices
Chapter 3: BANKRUPTCY PETITION (DEBTOR'S)
6.37Preliminary
6.38Identification of debtor
6.39Admission of insolvency
6.40Court in which petition to be filed
6.41Statement of affairs
6.42Procedure for presentation and filing
6.43Notice to Chief Land Registrar
6.44Report of insolvency practitioner
6.45Settlement and content of bankruptcy order
6.46Action to follow making of order
6.46AExpenses of voluntary arrangement
6.47Amendment of title of proceedings
6.48Certificate of summary administration Repealed
6.49Duty of official receiver in summary administration Repealed
6.50Revocation of certificate of summary administration Repealed
Chapter 4: THE INTERIM RECEIVER
6.51Application for appointment of interim receiver
6.52Order of appointment
6.53Deposit
6.54Security
6.55Failure to give or keep up security
6.56Remuneration
6.57Termination of appointment
Chapter 5: DISCLOSURE BY BANKRUPT WITH RESPECT TO THE STATE OF HIS AFFAIRS
SECTION A: CREDITOR'S PETITION
6.58Preliminary
6.59The statement of affairs
6.60Verification and filing
6.61Limited disclosure
6.62Release from duty to submit statement of affairs; extension of time
6.63Expenses of statement of affairs
6.64Requirement to submit accounts
6.65Submission and filing of accounts
6.66Further disclosure
SECTION B: DEBTOR'S PETITION
6.67Preliminary
6.68Contents of statement
6.69Requirement to submit accounts
6.70Submission and filing of accounts
6.71Expenses of preparing accounts
6.72Further disclosure
Chapter 6: INFORMATION TO CREDITORS
6.73General duty of official receiver
6.74Those entitled to be informed
6.75Report where statement of affairs lodged
6.76Statement of affairs dispensed with
6.77General rule as to reporting
6.78Bankruptcy order annulled
Chapter 7: CREDITORS' MEETINGS
6.79First meeting of creditors
6.80Business at first meeting
6.81General power to call meetings
6.82The chairman at a meeting
6.83Requisitioned meetings
6.84Attendance at meeting of bankrupt, etc
6.85Notice of meetings by advertisement only
6.86Venue of meetings
6.87Expenses of summoning meetings
6.88Resolutions
6.89Chairman of meeting as proxy-holder
6.90Suspension of meeting
6.91Adjournment
6.92Quorum Repealed
6.93Entitlement to vote
6.94Admission and rejection of proof
6.95Record of proceedings
Chapter 8: PROOF OF BANKRUPTCY DEBTS
SECTION A: PROCEDURE FOR PROVING
6.96Meaning of “prove”
6.97Supply of forms
6.98Contents of proof
6.99Claim established by affidavit
6.100Cost of proving
6.101Trustee to allow inspection of proofs
6.102Proof of licensed moneylender
6.103Transmission of proofs to trustee
6.104Admission and rejection of proofs for dividend
6.105Appeal against decision on proof
6.106Withdrawal or variation of proof
6.107Expunging of proof by the court
SECTION B: QUANTIFICATION OF CLAIM
6.108Negotiable instruments, etc
6.109Secured creditors
6.110Discounts
6.111Debt in foreign currency
6.112Payments of a periodical nature
6.113Interest
6.114Debt payable at future time
Chapter 9: SECURED CREDITORS
6.115Value of security
6.116Surrender for non-disclosure
6.117Redemption by trustee
6.118Test of security's value
6.119Realisation of security by creditor
Chapter 10: THE TRUSTEE IN BANKRUPTCY
SECTION A: APPOINTMENT AND ASSOCIATED FORMALITIES
6.120Appointment by creditors' meeting
6.121Appointment by the court
6.122Appointment by Secretary of State
6.123Authentication of trustee's appointment
6.124Advertisement of appointment
6.125Hand-over of estate to trustee
SECTION B: RESIGNATION AND REMOVAL; VACATION OF OFFICE
6.126Creditors' meeting to receive trustee's resignation
6.127Action following acceptance of resignation
6.128Leave to resign granted by the court
6.129Meeting of creditors to remove trustee
6.130Court's power to regulate meeting under Rule 6.129
6.131Procedure on removal
6.132Removal of trustee by the court
6.133Removal of trustee by Secretary of State
6.134Advertisement of resignation or removal
6.135Release of resigning or removed trustee
SECTION C: RELEASE ON COMPLETION OF ADMINISTRATION
6.136Release of official receiver
6.137Final meeting of creditors
6.137ARule as to reporting
SECTION D: REMUNERATION
6.138Fixing of remuneration
6.138ATrustee’s remuneration where it is not fixed in accordance with Rule 6.138
6.139Other matters affecting remuneration
6.140Recourse of trustee to meeting of creditors
6.141Recourse to the court
6.142Creditor's claim that remuneration is excessive
SECTION E: SUPPLEMENTARY PROVISIONS
6.143Trustee deceased
6.144Loss of qualification as insolvency practitioner
6.145Notice to official receiver of intention to vacate office
6.146Trustee's duties on vacating office
6.147Power of court to set aside certain transactions
6.148Rule against solicitation
6.149Enforcement of trustee's obligations to official receiver
Chapter 11: THE CREDITORS' COMMITTEE
6.150Membership of creditors' committee
6.151Formalities of establishment
6.152Obligations of trustee to committee
6.153Meetings of the committee
6.154The chairman at meetings
6.155Quorum
6.156Committee-members' representatives
6.157Resignation
6.158Termination of membership
6.159Removal
6.160Vacancies
6.161Voting rights and resolutions
6.162Resolutions by post
6.163Trustee's reports
6.164Expenses of members etc
6.165Dealings by committee-members and others
6.166Committee's functions vested in Secretary of State
Chapter 12: SPECIAL MANAGER
6.167Appointment and remuneration
6.168Security
6.169Failure to give or keep up security
6.170Accounting
6.171Termination of appointment
Chapter 13: PUBLIC EXAMINATION OF BANKRUPT
6.172Order for public examination
6.173Order on request by creditors
6.174Bankrupt unfit for examination
6.175Procedure at hearing
6.176Adjournment
6.177Expenses of examination
Chapter 14: DISCLAIMER
6.178Trustee's notice of disclaimer
6.179Communication of disclaimer to persons interested
6.180Additional notices
6.181Duty to keep court informed
6.182Application for leave to disclaim
6.183Application by interested party under s. 316
6.184Interest in property to be declared on request
6.185Disclaimer presumed valid and effective
6.186Application for exercise of court's powers under s.320
Chapter 15: REPLACEMENT OF EXEMPT PROPERTY
6.187Purchase of replacement property
6.188Money provided in lieu of sale
Chapter 16: INCOME PAYMENTS ORDERS
6.189Application for order
6.190Action to follow making of order
6.191Variation of order
6.192Order to payor of income: administration
6.193Review of order
Chapter 16A: INCOME PAYMENTS AGREEMENTS
6.193AApproval of income payments agreements
6.193BAcceptance of income payments agreements
6.193CVariation of income payments agreements
Chapter 17: ACTION BY COURT UNDER SECTION 369 ORDER TO INLAND REVENUE OFFICIAL
6.194Application for order
6.195Making and service of the order
6.196Custody of documents
Chapter 18: MORTGAGED PROPERTY
6.197Claim by mortgagee of land
6.198Power of court to order sale
6.199Proceeds of sale
Chapter 19: AFTER-ACQUIRED PROPERTY
6.200Duties of bankrupt in respect of after-acquired property
6.201Trustee's recourse to disponee of property
6.202Expenses of getting in property for the estate
Chapter 20: LEAVE TO ACT AS DIRECTOR, ETC
6.202ARule 6.202A
6.203Application for leave
6.204Report of official receiver
6.205Court's order on application
Chapter 21: ANNULMENT OF BANKRUPTCY ORDER
6.206Application for annulment
6.207Report by trustee
6.208Power of court to stay proceedings
6.209Notice to creditors who have not proved
6.210The hearing
6.211Matters to be proved under s.282(1)(b)
6.212Notice to creditors
6.212AAnnulment under section 261 Repealed
6.213Other matters arising on annulment
6.214Trustee's final account
Chapter 21A: NOTICE UNDER SECTION 279(2)
6.214ANotice under section 279(2) that an investigation of the conduct and affairs of a bankrupt is unnecessary or concluded
Chapter 22: DISCHARGE
6.215Application for suspension of discharge
6.216Lifting of suspension of discharge
6.217Application by bankrupt for discharge
6.218Report of official receiver
6.219Order of discharge on application
6.220Certificate of discharge
6.221Deferment of issue of order pending appeal
6.222Costs under this Chapter
6.223Bankrupt's debts surviving discharge
Chapter 22(A)—: REGISTER OF BANKRUPTCY ORDERS Repealed
223(A)Register of Bankruptcy Orders Repealed
223(B)Specified Bankruptcy Information Repealed
223(C)Notification of Changes Repealed
Chapter 23: ORDER OF PAYMENT OF COSTS, ETC., OUT OF ESTATE
6.224General rule as to priority
Chapter 24: SECOND BANKRUPTCY
6.225Scope of this Chapter
6.226General duty of existing trustee
6.227Delivery up to later trustee
6.228Existing trustee's expenses
Chapter 25: CRIMINAL BANKRUPTCY
6.229Presentation of petition
6.230Status and functions of Official Petitioner
6.231Interim receivership
6.232Proof of bankruptcy debts and notice of order
6.233Meetings under the Rules
6.234Trustee in bankruptcy; creditors' committee; annulment of bankruptcy order
Chapter 26: MISCELLANEOUS RULES IN BANKRUPTCY
6.235Bankruptcy of solicitors
6.235AApplication for redirection order
6.236Consolidation of petitions
6.237Bankrupt’s Home—Notification of property falling within section 283A
6.237AApplication in respect of the vesting of an interest in a dwelling-house (registered land)
6.237BVesting of bankrupt’s interest (unregistered land)
6.237CVesting of bankrupt’s interest (unregistered land)
6.237CAVesting of bankrupt’s estate—substituted period.
6.237DCharging Order
6.237EInterpretation
Chapter 27: EC Regulation—Member State Liquidator
6.238Interpretation of creditor and notice to member State liquidator
6.239Interpretation of creditor and notice to member State liquidator appointed in main proceedings
Chapter 28: BANKRUPTCY RESTRICTIONS ORDER
6.240Rule 6.240
6.241Application for bankruptcy restrictions order
6.242Service on the defendant
6.243The bankrupt’s evidence
6.244Making a bankruptcy restrictions order
Chapter 29: INTERIM BANKRUPTCY RESTRICTIONS ORDER
6.245Application for interim bankruptcy restrictions order
6.246The case against the defendant
6.247Making an interim bankruptcy restrictions order
6.248Application to set aside an interim bankruptcy restrictions order
Chapter 30: BANKRUPTCY RESTRICTIONS UNDERTAKING
6.249Acceptance of the bankruptcy restrictions undertaking
6.250Notification to the court
6.251Application under paragraph 9(3) of Schedule 4A to the Act to annul a bankruptcy restrictions undertaking
Part 6A
Chapter 1: GENERAL
6A.1The individual insolvency register; the bankruptcy restrictions register
Chapter 2: INDIVIDUAL INSOLVENCY REGISTER
6A.2Entry of information onto the individual insolvency register—individual voluntary arrangements
6A.3Deletion of information from the individual insolvency register—individual voluntary arrangements
6A.4Entry of information onto the individual insolvency register—bankruptcy orders
6A.5Deletion of information from the individual insolvency register—bankruptcy orders
Chapter 3: BANKRUPTCY RESTRICTIONS REGISTER
6A.6Bankruptcy restrictions orders and undertakings—entry of information onto the bankruptcy restrictions register
6A.7Deletion of information from the bankruptcy restrictions register—bankruptcy restrictions orders and undertakings
Chapter 4: RECTIFICATION OF REGISTERS
6A.8Rectification of the registers
THE THIRD GROUP OF PARTS
Part 7: COURT PROCEDURE AND PRACTICE
Chapter 1: APPLICATIONS
7.1Preliminary
7.2Interpretation
7.3Form and contents of application
7.3AApplication under section 176A(5) to disapply section 176A
7.4Filing and service of application
7.4ANotice of application under section 176A(5)
7.5Other hearings ex parte
7.6Hearing of application
7.7Use of affidavit evidence
7.8Filing and service of affidavits
7.9Use of reports
7.10Adjournment of hearing; directions
Chapter 2: TRANSFER OF PROCEEDINGS BETWEEN COURTS
7.11General power of transfer
7.12Proceedings commenced in wrong court
7.13Applications for transfer
7.14Procedure following order for transfer
7.15Consequential transfer of other proceedings
Chapter 3: SHORTHAND WRITERS
7.16Nomination and appointment of shorthand writers
7.17Remuneration
7.18Cost of shorthand note
Chapter 4: ENFORCEMENT PROCEDURES
7.19Enforcement of court orders
7.20Orders enforcing compliance with the Rules
7.21Warrants (general provisions)
7.22Warrants under ss.134, 364
7.23Warrants under ss.236, 366
7.24Execution of warrants outside court's district
7.25Warrants under s.365
Chapter 5: COURT RECORDS AND RETURNS
7.26Title of proceedings
7.27Court records
7.28Inspection of records
7.29Returns to Secretary of State
7.30File of court proceedings
7.31Right to inspect the file
7.32Filing of Gazette notices and advertisements
Chapter 6: Costs and Detailed Assessment
7.33Application of the CPR
7.34Requirement to assess costs by the detailed procedure
7.35Procedure where detailed assessment required
7.36Costs of officers charged with execution of writs or other process
7.37Petitions presented by insolvents
7.38Costs paid otherwise than out of the insolvent estate
7.39Award of costs against official receiver or responsible insolvency practitioner
7.40Applications for costs
7.41Costs and expenses of witnesses
7.42Final costs certificate
Chapter 7: Persons who Lack Capacity to Manage their Affairs
7.43Introductory
7.44Appointment of another person to act
7.45Affidavit in support of application
7.46Service of notices following appointment
Chapter 8: APPEALS IN INSOLVENCY PROCEEDINGS
7.47Appeals and reviews of court orders (winding up)
7.48Appeals in bankruptcy
7.49Procedure on appeal
7.50Appeal against decision of Secretary of State or official receiver
Chapter 9: GENERAL
7.51Principal court rules and practice to apply
7.52Right of audience
7.53Right of attendance (company insolvency)
7.54Insolvency practitioner's solicitor
7.55Formal defects
7.56Restriction on concurrent proceedings and remedies
7.57Affidavits
7.58Security in court
7.59Payment into court
7.60Further Information and Disclosure
7.61Office copies of documents
Chapter 10: EC Regulation—Creditors' Voluntary Winding up—Confirmation by The Court
7.62Application for confirmation
7.63Notice to member State liquidator and creditors in member States
Chapter 11: EC Regulation—Member State Liquidator
7.64Interpretation of creditor
Part 8: PROXIES AND COMPANY REPRESENTATION
8.1Definition of “proxy”
8.2Issue and use of forms
8.3Use of proxies at meetings
8.4Retention of proxies
8.5Right of inspection
8.6Proxy-holder with financial interest
8.7Company representation
8.8Interpretation of creditor
Part 9: EXAMINATION OF PERSONS CONCERNED IN COMPANY AND INDIVIDUAL INSOLVENCY
9.1Preliminary
9.2Form and contents of application
9.3Order for examination, etc
9.4Procedure for examination
9.5Record of examination
9.6Costs of proceedings under ss.236, 366
Part 10: OFFICIAL RECEIVERS
10.1Appointment of official receivers
10.2Persons entitled to act on official receiver's behalf
10.3Application for directions
10.4Official receiver's expenses
Part 11: DECLARATION AND PAYMENT OF DIVIDEND (WINDING UP AND BANKRUPTCY)
11.1Preliminary
11.2Notice of intended dividend
11.3Final admission/rejection of proofs
11.4Postponement or cancellation of dividend
11.5Decision to declare dividend
11.6Notice of declaration
11.7Notice of no, or no further, dividend
11.8Proof altered after payment of dividend
11.9Secured creditors
11.10Disqualification from dividend
11.11Assignment of right to dividend
11.12Preferential creditors
11.13Debt payable at future time
Part 12: MISCELLANEOUS AND GENERAL
12.1Power of Secretary of State to regulate certain matters
12.2Costs, expenses, etc
12.3Provable debts
12.4Notices
12.4AQuorum at meeting of creditors or contributories
12.5Evidence of proceedings at meetings
12.6Documents issuing from Secretary of State
12.7Forms for use in insolvency proceedings
12.8Insolvency practitioner's security
12.9Time-Limits
12.10Service by post
12.11General provisions as to service
12.12Service outside the jurisdiction
12.13Confidentiality of documents
12.14Notices sent simultaneously to the same person
12.15Right to copy documents
12.15ACharge for copy documents
12.16Non-receipt of notice of meeting
12.17Right to have list of creditors
12.18False claim of status as creditor, etc
12.19Execution overtaken by judgment debtor's insolvency
12.20The Gazette
12.21Punishment of offences
12.22Notice of order under section 176A(5)
Part 13: INTERPRETATION AND APPLICATION
13.1Introductory
13.2“The court”; “the registrar”
13.3“Give notice”, etc
13.4Notice, etc. to solicitors
13.5Notice to joint liquidators, joint trustees, etc
13.6“Venue”
13.7“Insolvency proceedings”
13.8“Insolvent estate”
13.9“Responsible insolvency practitioner”, etc
13.10“Petitioner”
13.11“The appropriate fee”
13.12“Debt”, “liability” (winding up)
13.12AAuthorised deposit-taker and former authorised deposit-taker”
13.13Expressions used generally
13.14Application
Signature
Schedule 1: SCHEME MANAGER'S VOTING RIGHTS
1Paragraph 1
2Paragraph 2
3Paragraph 3
4Paragraph 4
5Paragraph 5
6Paragraph 6
Schedule 2ALTERNATIVE COURTS FOR DEBTORS' PETITIONS IN BANKRUPTCY
Schedule 3: SHORTHAND WRITERS' REMUNERATION Repealed
4Paragraph 4 Repealed
5Paragraph 5 Repealed
NoteParagraph Note Repealed
Schedule 4FORMS
Schedule 5PUNISHMENT OF OFFENCES UNDER THE RULES
Schedule 6DETERMINATION OF INSOLVENCY OFFICE HOLDER'S REMUNERATION
Explanatory note

The Insolvency Rules 1986

Annotations to the whole text

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