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Rule 4.91 Debt in foreign currencyI1C1

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)

For the purpose of proving a debt incurred or payable in a currency other than sterling, the amount of the debt shall be converted into sterling at the official exchange rate prevailing on the date when the company went into liquidation F1or, if the liquidation was immediately preceded by an administration, on the date that the company entered administration.

(2)

“The official exchange rate” is the F2middle exchange rate on the London Foreign Exchange Market at the close of business, as published for the date in question. In the absence of any such published rate, it is such rate as the court determines.

Annotations

Textual amendments

F1

Words in rule 4.91(1) inserted (1.4.2005) by The Insolvency (Amendment) Rules 2005 (S.I. 2005/527), rules 1(2), 24 (with rule 3(1))

F2

Words in rule 4.91(2) substituted (15.9.2003) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(2), Sch. 1 para. 20

Modifications

C1

Rule 4.91 excluded (26.12.2003) by The Financial Collateral Arrangements (No.2) Regulations 2003 (S.I. 2003/3226), regs. 1(2), 14

Commencement

I1

Rule 4.91 in force at 29.12.1986, see rule 0.1