The Bank Insolvency (No. 2) Rules (Northern Ireland) 2009
S.R. 2009/122 · Made 18 March 2009 · Extends to Northern Ireland
This instrument has been made in consequence of defects in S.R. 2009 No. 64 and is being issued free of charge to all known recipients of that instrument.
Banking
Bank Insolvency
Made 18th March 2009
Coming into operation 1st April 2009
To be laid before Parliament
The Lord Chancellor makes the following Rules in exercise of the powers under Article 359 of the Insolvency (Northern Ireland) Order 1989f1.
The Treasury concur in the making of the Rules.
The Lord Chancellor has not consulted the Committee existing for the purposes of Article 360 of the Order: this is the first set of rules made in reliance on section 125 of the Banking Act 2009f3 and the duty to consult does not therefore apply to these rules by virtue of section 125(8) of that Act.
Annotations to the whole text
Modifications
- C1
Rules applied (with modifications) (23.11.2009) by The Scottish and Northern Ireland Banknote Regulations 2009 (S.I. 2009/3056), reg. 1, Sch. 1 para. 8
Footnotes
- f1
-
S.I. 1989/2405(N.I. 19), section 1282 of the Companies Act 2006 (c. 46) inserted a new Article 150ZA into the Insolvency (Northern Ireland) Order 1989 providing for the payment and priority of general expenses of a winding up subject to exceptions prescribed by rules made under Article 359 of the 1989 Order. Article 359 of the Insolvency (Northern Ireland) Order 1989 was amended by the Insolvency (Northern Ireland) 1989 (Amendment) Regulations (Northern Ireland) 2002 S.R. 2002 N. 223).
- f2
-
Article 359(1A) was inserted by the Constitutional Reform Act 2005 (c. 4), Schedule 5, Part 1, paragraphs 80 and 81.
- f3
-
2009 c.1. See also section 134.
Contents
- Part 1: INTRODUCTORY PROVISIONS
- 1Citation, commencement and revocation
- 2Extent
- 3Application of rules, construction and interpretation
- 4Overview
- 5Forms
- 6Time
- Part 2: APPLICATION FOR ORDER
- 7Filing of application
- 8Service of application
- 9Proof of service
- 10Other persons to receive copy of application
- 11Verification of application
- 12Persons entitled to copy of application
- 13Certificate of compliance
- 14Leave for the applicant to withdraw
- 15Witness Statement in opposition
- 16Making, transmission and advertisement of order
- 17Authentication of bank liquidator’s appointment
- 18Initial duties of bank liquidation committee
- 19Expenses of voluntary arrangement
- Part 3: PROVISIONAL BANK LIQUIDATOR
- 20Appointment of provisional bank liquidator
- 21Notice of appointment
- 22Order of appointment
- 23Security
- 24Failure to give or keep up security
- 25Remuneration
- 26Termination of appointment
- Part 4: STATEMENT OF AFFAIRS AND OTHER INFORMATION
- 27Notice requiring statement of affairs
- 28Verification and filing
- 29Limited disclosure
- 30Release from duty to submit statement of affairs; extension of time
- 31Expenses of statement of affairs
- 32Submission of accounts
- 33Further disclosure
- Part 5: INFORMATION TO CREDITORS AND CONTRIBUTORIES
- 34Report by bank liquidator
- 35Meaning of “creditors”
- 36Report where statement of affairs lodged
- 37Statement of affairs dispensed with
- 38General rule as to reporting
- 39Bank insolvency stayed
- Part 6: MEETINGS OF CREDITORS AND CONTRIBUTORIES
- Chapter: RULES OF GENERAL APPLICATION
- 40First meeting
- 41Business at first meetings of creditors and contributories
- 42General power to call meetings
- 43The chair at meetings
- 44Requisitioned meetings general
- 45Requisitioned meetings reforming the liquidation committee
- 46Attendance at meetings of bank’s personnel
- 47Notice of meetings by advertisement only
- 48Venue
- 49Expenses of summoning meetings
- 50Resolutions
- 51Chairman of meeting as proxy-holder
- 52Suspension and adjournment
- 53Entitlement to vote (creditors)
- 54Entitlement to vote (contributories)
- 55Admission and rejection of proof (creditors’ meetings)
- 56Record of proceedings
- Part 7: PROOF OF DEBTS
- 57Meaning of “prove”
- 58Supply of forms
- 59Contents of proof
- 60Claim established by affidavit
- 61Cost of proving
- 62Bank Liquidator to allow inspection of proofs
- 63New bank liquidator appointed
- 64Admission and rejection of proofs for dividend
- 65Appeal against decision on proof
- 66Withdrawal or variation of proof
- 67Expunging of proof by the court
- 68Estimate of quantum
- 69Negotiable instruments, etc.
- 70Secured creditors
- 71Discounts
- 72Mutual credits and set-off
- 73Disapplication of set off for eligible depositors
- 74Debt in foreign Currency
- 75Payments of a periodical nature
- 76Interest
- 77Debt payable at future time
- Part 8: SECURED CREDITORS
- 78Value of security
- 79Surrender for non-disclosure
- 80Redemption by liquidator
- 81Test of security’s value
- 82Realisation of security by creditor
- Part 9: THE BANK LIQUIDATOR
- GENERAL
- 83Remuneration of bank liquidator
- 84Replacement of bank liquidator by creditors
- 85Authentication of bank liquidator’s appointment
- 86Appointment to be advertised and registered
- RESIGNATION AND REMOVAL
- 87Creditors’ meeting to be notified of bank liquidator’s resignation
- 88Action following acceptance of resignation
- 89Advertisement of resignation
- 90Meeting of creditors to remove bank liquidator
- 91Court’s power to regulate meetings under rule 90
- 92Procedure on removal
- 93Advertisement of removal
- 94Removal of bank liquidator by the court
- 95Release of resigning or removed bank liquidator
- RELEASE ON COMPLETION OF WINDING UP
- 96Final meeting
- 97Rule as to reporting
- REMUNERATION
- 98Fixing of remuneration
- 99Bank liquidator’s entitlement to remuneration where it is not fixed under rule 98
- 100Bank liquidator’s remuneration where he realises assets on behalf of chargeholder
- 101Other matters affecting remuneration
- 102Recourse of bank liquidator to meeting of creditors
- 103Recourse to the court
- 104Creditors’ claim that remuneration is excessive
- 105Primacy of Objective 1
- SUPPLEMENTARY PROVISIONS
- 106Replacement Bank liquidator
- 107Bank liquidator deceased
- 108Loss of qualification as insolvency practitioner
- 109Resignation of the bank liquidator
- 110Notice to Bank of England of intention to vacate office
- 111Bank liquidator’s duties on vacating office
- 112Power of court to set aside certain transactions
- 113Rule against solicitation
- Part 10: THE LIQUIDATION COMMITTEE
- 114Application of rules in this Part
- 115Membership of committee
- 116Formalities of establishment
- 117Committee established by contributories
- 118Obligations of liquidator to committee
- 119Meetings of the committee
- 120The Chair at meetings
- 121Quorum
- 122Committee-members’ representatives
- 123Resignation
- 124Termination of membership
- 125Removal
- 126Vacancy (creditor members)
- 127Vacancy (contributory members)
- 128Voting rights and resolutions
- 129Resolutions by post
- 130Liquidator’s reports
- 131Expenses of members etc.
- 132Dealings by committee-members and others
- 133Composition of committee when creditors paid in full
- 134Committee’s functions vested in the Department
- 135Formal defects
- Part 11: COLLECTION AND DISTRIBUTION OF BANK’S ASSETS BY BANK LIQUIDATOR
- 136General duties of bank liquidator
- 137General qualification on powers
- 138Manner of distributing assets
- 139Debts of insolvent company to rank equally
- 140Supplementary provisions as to dividend
- 141Division of unsold assets
- 142General powers of the liquidator
- 143Enforced delivery up of company’s property
- 144Final distribution
- Part 12: DISCLAIMER
- 145Liquidator’s notice of disclaimer
- 146Communication of disclaimer to persons interested
- 147Additional notices
- 148Duty to keep court informed
- 149Application by interested party under Article 152(4)
- 150Interest in property to be declared on request
- 151Disclaimer presumed valid and effective
- 152Application for exercise of court’s powers under Article 155
- Part 13: SETTLEMENT OF LIST OF CONTRIBUTORIES
- 153Preliminary
- 154Primacy of Objective 1
- 155Duty of liquidator to settle list
- 156Form of list
- 157Procedure for settling list
- 158Application to court for variation of the list
- 159Variation of, or addition to, the list
- 160Costs not to fall on bank liquidator
- Part 14: CALLS
- 161Calls by liquidator
- 162Control by bank liquidation committee
- 163Application to court for leave to make a call
- 164Making and enforcement of the call
- Part 15: SPECIAL MANAGER
- 165Appointment and remuneration
- 166Security
- 167Failure to give or keep up security
- 168Accounting
- 169Termination of appointment
- Part 16: ORDER OF PAYMENT AS TO COSTS, ETC. OUT OF ASSETS
- 170General rule as to priority
- 171Litigation expenses and property subject to a floating charge-general application
- 172Litigation expenses and property subject to a floating charge-requirement for approval or authorisation
- 173Litigation expenses and property subject to a floating charge-request for approval or authorisation
- 174Litigation expenses and property subject to a floating charge-grant of approval or authorisation
- 175Litigation expenses and property subject to a floating charge-application to court by the bank liquidator
- 176Saving for powers of the court
- Part 17: MISCELLANEOUS RULES
- RETURN OF CAPITAL
- 177Application to court for order authorising return of capital
- 178Procedure for return of capital
- CONCLUSION OF BANK INSOLVENCY
- 179Department’s directions under section 116 of the 2009 Act
- 180Procedure following appeal under section 116 of the 2009 Act
- LEAVE TO ACT AS DIRECTOR, ETC. OF BANK WITH PROHIBITED NAME (ARTICLE 180 OF THE ORDER)
- 181Preliminary
- 182Application for leave under Article 180(3) before passing of full payment resolution
- 183Consideration of application for leave under Article 180(3)
- 184First excepted case
- 185Second excepted case
- 186Third excepted case
- 187Further exception
- Part 18: COURT PROCEDURE AND PRACTICE
- Chapter 1: APPLICATIONS (GENERAL)
- 188Preliminary
- 189Interpretation
- 190Form and contents of application
- 191Application under Article 150A(5) to disapply Article 150A
- 192Filing and service of application
- 193Notice of application under Article 150A(5)
- 194Other hearings without notice
- 195Hearing of application
- 196Use of affidavit evidence
- 197Filing and service of affidavits
- 198Use of reports
- 199Adjournment of hearing: directions
- Chapter 3: SHORTHAND WRITERS
- 200Nomination and appointment of shorthand writers
- 201Remuneration
- Chapter 4: ENFORCEMENT PROCEDURES
- 202Enforcement of court orders
- 203Orders enforcing compliance with the rules
- 204Warrants (general provisions)
- 205Warrants under Article 200
- Chapter 5: COURT RECORDS AND RETURNS
- 206Title of proceedings
- 207Court records
- 208Inspection of records
- 209File of court proceedings and inspection
- 210Filing of Gazette notices and advertisements
- Chapter 6: COSTS AND DETAILED ASSESSMENT
- 211Application of the Supreme Court Rules
- 212Requirement to assess costs by the detailed procedure
- 213Procedure where detailed assessment required
- 214Cost of officers charged with executions of writs or other process
- 215Costs paid otherwise than out of the insolvent estate
- 216Award of costs against responsible insolvency practitioner
- 217Application for costs
- 218Costs and expenses of witnesses
- Chapter 7: PERSONS INCAPABLE OF MANAGING THEIR AFFAIRS
- 219Introductory
- 220Appointment of another person to act
- 221Affidavit in support of application
- 222Service of notices following appointment
- Chapter 8: APPEALS IN BANK INSOLVENCY PROCEEDINGS
- 223Appeals and review of court orders
- 224Procedure on appeal
- 225Appeal against a decision of the Department
- Chapter 9: GENERAL
- 226Principal court rules and practice to apply
- 227Right of attendance
- 228Restriction on concurrent proceedings and remedies
- 229Security in court
- 230Further information and disclosure
- 231Office copies of documents
- Part 19: PROXIES AND COMPANY REPRESENTATION
- 232Definition of “proxy”
- 233Issue and use of forms
- 234Use of proxies at meetings
- 235Retention of proxies
- 236Right of inspection
- 237Proxy-holder with financial interest
- 238Company representation
- Part 20: EXAMINATION OF PERSONS CONCERNED IN BANK INSOLVENCY
- 239Preliminary
- 240Form and contents of application
- 241Order for examination, etc
- 242Procedure for examination
- 243Record of examination
- 244Cost of proceedings
- Part 21: DECLARATION AND PAYMENT OF DIVIDEND
- 245Preliminary
- 246Notice of intended dividend
- 247Final admission/rejection of proofs
- 248Postponement or cancellation of dividend
- 249Decision to declare dividend
- 250Notice of declaration
- 251Notice of no, or no further, dividend
- 252Proof altered after payment of dividend
- 253Secured creditors
- 254Disqualification from dividend
- 255Assignment of right to dividend
- 256Preferential creditors
- 257Debt payable at future time
- Part 22: MISCELLANEOUS AND GENERAL
- 258Power of Department to regulate certain matters
- 259Costs, expenses, etc
- 260Provable debts
- 261Notices
- 262Quorum at meeting of creditors or contributories
- 263Evidence of proceedings at meetings
- 264Documents issuing from the Department
- 265Insolvency practitioner’s security
- 266Time
- 267Service by post
- 268General provisions as to service
- 269Service outside the jurisdiction
- 270Confidentiality of documents
- 271Notices sent simultaneously to the same person
- 272Right to copy documents
- 273Charge for copy documents
- 274Non-receipt of notice of meeting
- 275Right to have list of creditors
- 276False claim of status as creditors
- 277Execution overtaken by judgement debtor’s insolvency
- 278The Gazette
- 279Punishment of offences
- 280Notice of order under Article 150A(5)
- Part 23: INTERPRETATION
- 281Introductory
- 282Expressions used generally
- 283“Give notice”, etc
- 284Notice, etc to solicitors
- 285Notice to joint bank liquidators
- 286“Insolvent estate”
- 287“Responsible insolvency practitioner”, etc
- 288The Schedule
- Signature
- Schedule Schedule
- Explanatory note