Rule 3.8 Report to creditorsI1
England and Wales
If under section 48(2) the administrative receiver determines not to send a copy of his report to creditors, but to publish notice under paragraph (b) of that subsection, the notice shall be published in the newspaper in which the receiver's appointment was advertised.
If he proposes to apply to the court to dispense with the holding of the meeting of unsecured creditors (otherwise required by section 48(2)), he shall in his report to creditors or (as the case may be) in the notice published as above, state the venue fixed by the court for the hearing of the application.
Subject to any order of the court under Rule 3.5, the copy of the receiver's report which under section 48(1) is to be sent to the registrar of companies shall have attached to it a copy of any statement of affairs under section 47, and copies of any affidavits of concurrence.
[FORM 3.3] If the statement of affairs or affidavits of concurrence, if any, have not been submitted to the receiver by the time he sends a copy of his report to the registrar of companies, he shall send a copy of the statement and any affidavits of concurrence as soon thereafter as he receives them.
The receiver’s report under section 48(1) shall state, to the best of his knowledge and belief—
an estimate of the value of the prescribed part (whether or not he proposes to make an application under section 176A(5) or whether section 176A(3) applies); and
an estimate of the value of the company’s net property.
Nothing in this Rule is to be taken as requiring any such estimate to include any information, the disclosure of which could seriously prejudice the commercial interests of the company.
If such information is excluded from the calculation the estimate shall be accompanied by a statement to that effect.
The report shall also state whether, and if so why, the receiver proposes to make an application to court under section 176A(5).
Annotations
Textual amendments
- F1
Rule 3.8(5)-(7) inserted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 10
Commencement
- I1
Rule 3.8 in force at 29.12.1986, see rule 0.1