Article 1.33 Delivery to the creditors and opting out

(1)

Where the Act or a rule requires an office-holder to deliver a document to the creditors, or the creditors in a class, the requirement is satisfied by the delivery of the document to all such creditors of whose address the office-holder is aware other than opted-out creditors unless the opt out does not apply.

(2)

Where a creditor has opted out from receiving documents, the opt out does not apply to—

(a)

a notice which the Act requires to be delivered to all creditors without expressly excluding opted-out creditors;

(b)

a notice of a change in the office-holder or the contact details for the office-holder;

(c)

a notice as provided for by section 246C(2) (notices of distributions, intended distributions and notices required to be given by court order); or

(d)

a document which these Rules require to accompany a notice within sub-paragraphs (a) to (c).

(3)

The office-holder must begin to treat a creditor as an opted-out creditor as soon as reasonably practicable after delivery of the creditor's election to opt out.

(4)

An office-holder in any consecutive insolvency proceedings of a different kind under Parts 3 to 5 of the Act in respect of the same company who is aware that a creditor was an opted-out creditor in the earlier insolvency proceedings must treat the creditor as an opted out creditor in the consecutive insolvency proceedings.

Notes on Chapter 9

Marginal citations

M1: Section 246C was prospectively inserted for Scotland by section 124(3) of the Small Business, Enterprise and Employment Act 2015 (c.26) and section 248A by section 124(4) of that Act.