The Investment Bank Special Administration (England and Wales) Rules 2011
S.I. 2011/1301 · Made 15 May 2011 · Extends to England and Wales
Financial Services And Markets
Insolvency
Made 15th May 2011
Laid before Parliament 23rd May 2011
Coming into force 30th June 2011
The Treasury concur in the making of the Rules.
The Chancellor of the High Court (by the authority of the Lord Chief Justice under section 411(7) of the Insolvency Act 1986) concurs in the making of the Rules in so far as they affect court procedure.
Before making these Rules, the Lord Chancellor consulted the committee existing for the purposes of section 413 of the Insolvency Act 1986.
Annotations to the whole text
Footnotes
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1986 c. 45: section 411 is applied with modifications by regulation 15(6) of the Investment Bank Special Administration Regulations 2011. Subsections (1A) and (2C) were inserted by and subsections (2) and (3) were amended by section 125 of the Banking Act 2009 (c.1).
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Contents
- Part 1: Introductory Provisions
- 1Citation
- 2Commencement
- 3Extent
- 4Interpretation
- 5Application of rules
- Part 2: Application for Order
- Chapter 1: Application for special administration order
- 6Content of application
- 7Statement of proposed administrator
- 8Witness statement in support of application
- 9Filing of application
- 10Service of application
- 11Proof of service
- 12Further notification
- 13The hearing
- 14The special administration order
- 15Costs
- 16Notice of special administration order
- Chapter 2: Application for a special administration (bank insolvency) order
- 17Filing of application
- 18Service of application
- 19Proof of service
- 20Other persons to receive copy of application
- 21Verification of application
- 22Persons entitled to copy of application
- 23Certificate of compliance
- 24Leave for the applicant to withdraw
- 25Witness statement in opposition
- 26Making, transmission and advertisement of order
- 27Special administration (bank insolvency) order
- 28Authentication of administrator’s appointment
- 29Duties of Objective A committee
- 30Appointment of person under section 135
- 31Notice of appointment
- 32Order of appointment
- 33Security
- 34Failure to give or keep up security
- 35Remuneration
- 36Termination of appointment
- Chapter 3: Application for a special administration (bank administration) order
- 37Content of application
- 38Statement of proposed administrator
- 39Bank of England witness statement
- 40Filing
- 41Service
- 42Other notification
- 43Venue
- 44Hearing
- 45Special administration (bank administration) order
- 46Costs
- 47Notice of order
- 48Remuneration of the administrator
- 49Appointment of person under section 135
- 50Order of appointment
- Part 3: Process of Special Administration
- Chapter 1: Notice of appointment and statement of affairs
- 51Notification and advertisement of administrator’s appointment
- 52Notice requiring statement of affairs
- 53Details of the client assets held by the investment bank
- 54Verification and filing
- 55Limited disclosure
- 56Release from duty to submit statement of affairs
- 57Expenses of statement of affairs
- 58Submission of accounts
- Chapter 2: Statement of proposals
- 59Administrator’s proposals
- 60Limited disclosure of the statement of proposals
- Chapter 3: Initial meeting to consider proposals
- 61Initial meeting
- 62Notice to officers
- 63Business of the initial meeting
- 64Adjournment of meeting to approve the statement of proposals
- 65Revision of the statement of proposals
- 66Meeting to approve the revised statement of proposals
- 67Notice to creditors and clients
- Chapter 4: Meetings generally
- 68Meetings generally
- 69Venue
- 70Notice of meeting by individual notice: when and where sent
- 71Notice of meeting by individual notice: content and accompanying documents
- 72Notice of meeting by advertisement only
- 73Content of notice for meetings
- 74Gazetting and advertisement of meetings
- 75Non-receipt of notice of meeting
- 76Requisition of meetings
- 77Expenses of requisitioned meetings
- 78Quorum at meetings
- 79Chair at meetings
- 80Adjournment by chair
- 81Adjournment in absence of chair
- 82Claims, proofs and proxies in adjournment
- 83Suspension
- 84Venue and conduct of company meetings
- Chapter 5: Entitlement to vote at meetings
- 85Entitlement to vote (creditors)
- 86FSCS and voting rights
- 87Calculation of voting rights (creditors)
- 88Calculation of voting rights: special cases (creditors)
- 89Procedure for admitting creditors’ claims for voting
- 90Entitlement to vote (clients)
- 91Calculation of voting rights (clients)
- 92Procedure for admitting clients’ claims for voting
- 93Voting at meetings of creditors and clients
- 94Requisite majorities
- 95Requisite majorities at contributories’ meetings
- 96Appeals against decisions under this Chapter
- Chapter 6: Correspondence and remote attendance
- 97Correspondence instead of meetings
- 98Remote attendance at meetings conducted in accordance with section 246A
- 99Action where person excluded
- 100Indication to excluded person
- 101Complaint
- Chapter 7: Records, returns and reports
- 102Minutes
- 103Returns or reports of meetings
- Chapter 8: The creditors’ committee
- 104Constitution of committee
- 105Formalities of establishment
- 106Functions and meetings of the committee
- 107The chair at meetings
- 108Quorum
- 109Committee members’ representatives
- 110Resignation
- 111Termination of membership
- 112Removal
- 113Vacancies
- 114Procedure at meetings
- 115Remote attendance at meetings of creditors’ committee
- 116Procedure for requests that a place for a meeting should be specified
- 117Resolutions of creditors’ committees by post
- 118Information from administrator
- 119Expenses of members
- 120Members dealing with the investment bank
- 121Formal defects
- Chapter 9: Progress reports
- 122Content of progress report
- 123Sending progress report
- Chapter 10: Proxies and corporate representation
- 124Definition of proxy
- 125Issue and use of forms
- 126Use of proxies at meetings
- 127Retention of proxies
- 128Right of inspection
- 129Proxy holder with financial interest
- 130Company representation
- Chapter 11: Disposal of charged property
- 131Application to dispose of charged property
- 132Application in a special administration (bank administration)
- Part 4: Expenses of the special administration
- 133Expenses of voluntary arrangement
- 134Expenses to be paid out of the investment bank’s assets
- 135Expenses to be paid out of the client assets
- 136Pre-administration costs
- 137Allocation of expenses to be paid from client assets
- Part 5: Objective 1
- Chapter 1: Setting a bar date
- 138Notice of the bar date
- 139Content of claim for client assets
- 140Content of claim in respect of security interest
- 141Costs of making a claim
- 142New administrator appointed
- Chapter 2: Further notification
- 143Notifying potential claimants after bar date has passed
- Chapter 3: Distribution plan
- 144Distribution plan
- 145Approval by the creditors’ committee
- 146Approval by the court
- 147Treatment of late claimants
- Part 6: Distributions to creditors
- Chapter 1: Application
- 148Distribution to creditors
- 149Debts of investment bank to rank equally
- 150Supplementary provisions as to dividend
- 151Division of unsold assets
- Chapter 2: Proofs of debts
- 152Proving a debt
- 153Costs of proving
- 154Administrator to allow inspection of proofs
- 155New administrator appointed
- 156Admission and rejection of proofs for dividend
- 157Appeal against decision on proof
- 158Withdrawal or variation of proof
- 159Expunging of proof by the court
- Chapter 3: Quantification of claims
- 160Estimate of quantum
- 161Negotiable instruments
- 162Secured creditors
- 163Discounts
- 164Mutual credit and set-off
- 165Application of rule 164 in a special administration (bank administration) and special administration (bank insolvency)
- 166Debt in a foreign currency
- 167Payments of a periodical nature
- 168Interest
- 169Debt payable at a future time
- 170Value of security
- 171Surrender for non-disclosure
- 172Redemption by administrator
- 173Test of security’s value
- 174Realisation of security by creditor
- 175Notice of proposed distribution
- 176Admission or rejection of proofs
- 177Postponement or cancellation of dividend
- 178Declaration of a dividend
- 179Notice of declaration of a dividend
- 180Payments of dividend and related matters
- 181Notice of no dividend or no further dividend
- 182Proof altered after payment of dividend
- 183Secured creditors
- 184Disqualification from dividend
- 185Assignment of right to dividend
- 186Debt payable at a future time
- Part 7: The Administrator
- Chapter 1: Powers of the administrator
- 187General powers
- 188Powers of disclaimer
- 189Communication of disclaimer to persons interested
- 190Additional notices
- 191Records
- 192Application by interested party
- 193Interest in property to be declared on request
- 194Disclaimer presumed valid and effective
- 195Application for the exercise of court’s powers under section 181
- Chapter 2: Fixing of remuneration
- 196Fixing of remuneration
- 197Remuneration (special administration (bank insolvency))
- 198Remuneration (special administration (bank administration)
- 199Recourse to meeting of creditors and clients
- 200Recourse to the court
- 201Creditors’ and clients’ request for further information
- 202Claim that remuneration is excessive
- 203Review of remuneration
- 204Remuneration of new administrator
- 205Apportionment of set fee remuneration
- Chapter 3: Replacing the administrator
- 206Grounds for resignation
- 207Notice of intention to resign
- 208Notice of resignation
- 209Application to court to remove administrator from office
- 210Notice of vacation of office when administrator ceases to be qualified
- 211Administrator deceased
- 212Application to replace (special administration)
- 213Application to replace (special administration (bank insolvency))
- 214Application to replace (special administration (bank administration))
- 215Notification and advertisement of appointment of replacement administrator
- 216Notification and advertisement of appointment of joint administrator
- 217Additional joint administrator (special administration (bank administration))
- 218Notification of new administrator
- 219Administrator’s duties on vacating office
- Part 8: End of special administration
- 220Final progress reports
- 221Application to court by administrator
- 222Application to court by creditor
- 223Notification by administrator of court order
- 224Moving from administration to dissolution
- Part 9: Court procedure and practice
- Chapter 1: Application of the CPR
- 225Principal court rules and practice to apply
- Chapter 2: The Court
- 226Shorthand writers – nomination, appointment, remuneration and costs
- 227Court file
- 228Office copies of documents
- 229Payments into court
- Chapter 3: Obtaining information and evidence
- 230Further information and disclosure
- 231Witness statements – general
- 232Filing and service of witness statements
- 233Evidence provided by the administrator
- Chapter 4: Service of court documents
- 234Application of Chapter
- 235Service of court documents within the jurisdiction
- 236Service of court documents outside jurisdiction
- 237Service of orders staying proceedings
- 238Service on joint office-holders
- Chapter 5: Applications to court - general
- 239Application of Chapter
- 240Form and contents of application
- 241Filing and service of application
- 242Directions
- 243Hearings without notice
- 244Hearing of application
- 245Adjournment of the hearing of an application
- Chapter 6: Applications to the court under section 176A
- 246Application of Chapter
- 247Applications under section 176A(5) to disapply section 176A
- 248Notice of application under section 176A(5)
- 249Notice of an order under section 176A(5)
- Chapter 7: Applications for an order under section 236
- 250Application of following rules
- 251Form and contents of application
- 252Order for examination etc.
- 253Procedure for examination
- 254Record of examination
- 255Costs of proceedings under section 236
- Chapter 8: People who lack capacity to manage their affairs etc.
- 256Application of Chapter 8
- 257Appointment of another person to act
- 258Witness statement in support of application
- 259Service of notices following appointment
- Chapter 9: Formal defects
- 260Formal defects
- Chapter 10: Costs
- 261Application of Chapter 10
- 262Requirement to assess costs by the detailed procedure
- 263Procedure where detailed assessment is required
- 264Costs of officers charged with execution of writs or other process
- 265Costs paid otherwise than out of the investment bank’s estate
- 266Award of costs against the administrator
- 267Applications for costs
- 268Costs and expenses of witnesses
- 269Final costs certificate
- Chapter 11: Enforcement procedures
- 270Enforcement of court orders
- 271Orders enforcing compliance with the Rules
- 272Warrants (general provisions)
- 273Warrants under section 236
- Chapter 12: Appeals
- 274Application of Chapter 12
- 275Appeals and reviews of court orders
- 276Procedure on appeal
- 277Appeal against decision of the Secretary of State
- Part 10: Prohibited names
- 278Preliminary
- 279Application for permission under section 216(3)
- 280First excepted case
- 281Second excepted case
- 282Third excepted case
- Part 11: Provisions of general effect
- Chapter 1: Miscellaneous and general
- 283Costs, expenses etc
- 284Provable debts
- 285False claim of status as creditor, etc
- 286Punishment of offences
- Chapter 2: The giving of notice and the supply of documents
- 287Application
- 288Personal delivery
- 289Postal delivery of documents
- 290Notice etc to solicitors
- Chapter 3: The giving of notice and the supply of documents to or by the administrator
- 291Application
- 292The form
- 293Proof of sending
- 294Authentication
- 295Electronic delivery - general
- 296Electronic delivery by administrator
- 297Use of websites by administrator
- 298Special provision on account of expense as to website use
- 299Electronic delivery of special administration documents to court
- 300Notice etc to joint administrators
- 301Execution overtaken by judgment debtor’s insolvency
- 302Notice to enforcement officers
- 303Electronic submission of information
- 304Electronic submission of information where rule 303 does not apply
- 305Contents of notices to be gazetted
- 306Gazette notices relating to companies
- 307Omission of unobtainable information
- 308The Gazette – general
- 309Notices otherwise advertised under the Regulations or Rules
- 310Non-Gazette notices
- 311Non-Gazette notices – other provisions
- Chapter 4: Notifications to the registrar of companies
- 312Application of Chapter 4
- 313Information to be contained in all notifications to the registrar
- 314Notification relating to the administrator
- 315Notifications relating to documents
- 316Notifications relating to court orders
- 317Notifications relating to other events
- 318Notifications of more than one nature
- 319Notifications made to other persons at the same time
- Chapter 5: Further provisions concerning documents
- 320Confidentiality of documents – grounds for refusing inspection
- 321Right to copy documents
- 322Charges for copy documents
- 323Right to have list of creditors
- Chapter 6: Time limits and security
- 324Time limits
- 325Administrator’s security
- Chapter 7: Transfer of proceedings
- 326Proceedings commenced in the wrong court
- 327Proceedings other than special administration commenced
- Part 12: General interpretation and application
- 328Introduction
- 329“The court”; “the registrar”
- 330Venue
- 331Insolvent estate
- 332The appropriate fee
- 333“Debt”; “liability”
- 334Application of the 1986 Act and the Company Directors Disqualification Act
- Signature
- Schedule Punishment of offences
- Explanatory note