Rule 4.081 Contents of proof

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

rule 4.081 applied by Bank Insolvency 2009 rule 59
rules 11.01-11.13 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 6(10)-CP(3) substituted by Insolvency 2000 rule 5
rule 4.056-CVL(2) words inserted by Insolvency 2006 Sch. 1 para. 22
rule 4.081(1) substituted by Insolvency 2006 Sch. 1 para. 25
rule 4.228A-4.228E inserted by Insolvency 2008 rule 5
rules 2.028-2.110 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.114-2.115 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.119-2.130 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.027-4.029 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.031-4.034 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.197-4.204 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.05-7.07 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.09-7.14 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.19-7.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.24-7.30 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.34-7.42 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.50-7.54 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 12.01-12.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 4.081 applied by Bank Insolvency 2009 rule 59
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(NO CVL APPLICATION)

(1)

Subject to Rule 4.079(5), the following matters shall be stated in a creditor's proof of debt—

(a)

the creditor's name and address;

(b)

the total amount of his claim as at the date on which the company went into liquidation;

(c)

whether or not that amount includes outstanding uncapitalised interest;

(d)

whether or not the claim includes value added tax;

(e)

whether the whole or any part of the debt falls within any (and if so which) of the categories of preferential debts under Article 346 of, and Schedule 4 to, the Order (as read with Schedule 4 to the Social Security Pensions (Northern Ireland) Order 1975^f1);

(f)

particulars of how and when the debt was incurred by the company;

(g)

particulars of any security held, the date when it was given and the value which the creditor puts upon it; and

(h)

the name, address and authority of the person signing the proof (if other than the creditor himself).

(2)

There shall be specified in the proof any documents by reference to which the debt can be substantiated; but (subject to paragraph (3)) it is not essential that such documents be attached to the proof or submitted with it.

(3)

The liquidator, or the chairman or convener of any meeting, may call for any document or other evidence to be produced to him, where he thinks it necessary for the purpose of substantiating the whole or any part of the claim made in the proof.

[E.R.4.75]

Annotations

Footnotes

f1: S.I. 1975/1503 (N.I. 15)