# The Insolvency (Scotland) (Receivership and Winding up) Rules 2018, Article 5.8: Caution


(1) The cost of providing the caution required under the Act must be paid in the first instance by the provisional liquidator, however—
(a) if a winding-up order is not made, the person appointed is entitled to be reimbursed out of the property of the company, and the court may make an order on the company accordingly; and
(b) if a winding-up order is made, the person appointed is entitled to be reimbursed as an expense of the liquidation.
(2) If the provisional liquidator fails to give or keep up the required caution, the court may remove the provisional liquidator, and make such order as to expenses as it thinks just.
(3) If an order is made under this rule removing the provisional liquidator, or discharging the order appointing the provisional liquidator, the court must give directions as to whether any, and if so what, steps should be taken for the appointment of another person in the place of the removed or discharged provisional liquidator.

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Source: https://www.legislation.gov.uk/ssi/2018/347/part/5/chapter/3/article/5n9 (the official version)
Page: https://openlegislation.uk/insolvency-scotland-receivership-and-winding-up-rules-2018/part-5/chapter-3/article-5n9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.