# The Investment Bank Special Administration (England and Wales) Rules 2011, Rule 189: Communication of disclaimer to persons interested

Extent: E+W

(1) Within 7 business days after the date of the notice of disclaimer, the administrator shall send or give copies of the notice to the persons mentioned in paragraphs (2) to (4).
(2) Where the property disclaimed is of a leasehold nature, the administrator shall send or give a copy to every person who (to the administrator’s knowledge) claims under the company as underlessee or mortgagee.
(3) The administrator shall in any case send or give a copy of the notice to every person who (to the administrator’s knowledge)—
(a) claims an interest in the disclaimed property; or
(b) is under any liability in respect of the property, not being a liability discharged by the disclaimer.
(4) If the disclaimer is of an unprofitable contract, the administrator shall send or give copies of the notice to all such persons as, to the administrator’s knowledge, are parties to the contract or have interests under it.
(5) If subsequently it comes to the administrator’s knowledge, in the case of any person ‘P’, that P has such an interest in the disclaimed property as would have entitled P to receive a copy of the notice of disclaimer in pursuance of paragraphs (2) to (4), the administrator shall then, as soon as reasonably practicable, send or give to P a copy of the notice.
(6) Compliance with paragraph (5) is not required if—
(a) the administrator is satisfied that P has already been made aware of the disclaimer and its date, or
(b) the court, on the administrator’s application, orders that compliance is not required in that particular case.

---
Source: https://www.legislation.gov.uk/uksi/2011/1301/rule/189 (the official version)
Page: https://openlegislation.uk/investment-bank-special-administration-england-and-wales-rules-2011/rule-189
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

