Rule 2.68 F1
This Chapter applies where the administrator makes, or proposes to make, a distribution to any class of creditors. Where the distribution is to a particular class of creditors, references in this Chapter to creditors shall, in so far as the context requires, be a reference to that class of creditors only.
The administrator shall give notice to the creditors of his intention to declare and distribute a dividend in accordance with Rule 2.95.
Where it is intended that the distribution is to be a sole or final dividend, the administrator shall, after the date specified in the notice referred to in paragraph (2)—
defray any outstanding expenses of a liquidation (including any of the items mentioned in Rule 4.218) or provisional liquidation that immediately preceded the administration;
defray any items payable in accordance with the provisions of paragraph 99;
defray any amounts (including any debts or liabilities and his own remuneration and expenses) which would, if the administrator were to cease to be the administrator of the company, be payable out of the property of which he had custody or control in accordance with the provisions of paragraph 99; and
declare and distribute that dividend without regard to the claim of any person in respect of a debt not already proved.
The court may, on the application of any person, postpone the date specified in the notice.
Annotations
Textual amendments
- F1
Pt. 2 substituted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 9 (with rule 5(2)-(4))