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Rule 11.2 Notice of intended dividendI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

Before declaring a dividend, the responsible insolvency practitioner shall give notice of his intention to do so—

F1(a)

to all creditors whose addresses are known to him and who have not proved their debts, and

(b)

where a member State liquidator has been appointed in relation to the insolvent , to that person.

F2(1A)

Before declaring a first dividend, the responsible insolvency practitioner shall, unless he has previously by public advertisement invited creditors to prove their debts, give notice of the intended dividend by public advertisement.

(2)

F3Any notice under paragraph (1) and any notice of a first dividend under paragraph (1A) shall specify a date (“the last date for proving”) up to which proofs may be lodged. The date shall be the same for all creditors, and not less than 21 days from that of the notice.

(3)

The insolvency practitioner shall in the notice state his intention to declare a dividend (specified as interim or final, as the case may be) within the period of 4 months from the last date for proving.

Annotations

Textual amendments

F1

Rule 11.2(1)(a)(b) substituted (31.5.2002) for words in rule 11.2(1) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 10(2) (with rule 3)

F2

Rule 11.2(1A) inserted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 139(2)

F3

Words in rule 11.2(2) substituted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 139(3)

Commencement

I1

Rule 11.2 in force at 29.12.1986, see rule 0.1