# The Insolvency (Scotland) (Receivership and Winding up) Rules 2018, 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.

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Source: https://www.legislation.gov.uk/ssi/2018/347/part/1/chapter/9/article/1n34 (the official version)
Page: https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/part-1/chapter-9/article-1n34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.