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Rule 4.49-CVL Information to creditors and contributoriesI1

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)
F1(1)

The liquidator shall, within 28 days of a meeting held under section 95 or 98, send to creditors and contributories of the company—

(a)

a copy or summary of the statement of affairs, and

(b)

a report of the proceedings at the meeting.

F2(2)

The report under paragraph (1) shall also include—

(a)

to the best of the liquidator’s knowledge and belief—

(i)

an estimate of the value of the prescribed part (whether or not he proposes to make an application to court under section 176A(5) or section 176A(3) applies); and

(ii)

an estimate of the value of the company’s net property; and

(b)

whether, and if so, why, the liquidator proposes to make an application to court under section 176A(5).

(3)

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.

Annotations

Textual amendments

F1

Rule 4.49 renumbered as rule 4.49(1) (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 16

F2

Rule 4.49(2)(3) inserted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 16

Commencement

I1

Rule 4.49CVL in force at 29.12.1986, see rule 0.1