The Bank Insolvency Rules (Northern Ireland) 2009 (revoked)
S.R. 2009/64 · Made 18 February 2009 · Extends to Northern Ireland
BANKING
BANK INSOLVENCY
Made 18th February 2009
To be laid before Parliament
Coming into operation 25th February 2009
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Annotations to the whole text
Textual amendments
- F1
Rules revoked (1.4.2009) by The Bank Insolvency (No. 2) Rules (Northern Ireland) 2009 (S.R. 2009/122), art. 1(1)(2) (with art. 3)
Contents
- Part 1: INTRODUCTORY PROVISIONS Repealed
- 1Citation and commencement Repealed
- 2Extent Repealed
- 3Application of rules, construction and interpretation Repealed
- 4Overview Repealed
- 5Forms Repealed
- 6Time Repealed
- Part 2: APPLICATION FOR ORDER Repealed
- 7Filing of application Repealed
- 8Service of application Repealed
- 9Proof of service Repealed
- 10Other persons to receive copy of application Repealed
- 11Verification of application Repealed
- 12Persons entitled to copy of application Repealed
- 13Certificate of compliance Repealed
- 14Leave for the applicant to withdraw Repealed
- 15Witness Statement in opposition Repealed
- 16Making, transmission and advertisement of order Repealed
- 17Authentication of bank liquidator’s appointment Repealed
- 18Initial duties of bank liquidation committee Repealed
- 19Expenses of voluntary arrangement Repealed
- Part 3: PROVISIONAL BANK LIQUIDATOR Repealed
- 20Appointment of provisional bank liquidator Repealed
- 21Notice of appointment Repealed
- 22Order of appointment Repealed
- 23Security Repealed
- 24Failure to give or keep up security Repealed
- 25Remuneration Repealed
- 26Termination of appointment Repealed
- Part 4: STATEMENT OF AFFAIRS AND OTHER INFORMATION Repealed
- 27Notice requiring statement of affairs Repealed
- 28Verification and filing Repealed
- 29Limited disclosure Repealed
- 30Release from duty to submit statement of affairs; extension of time Repealed
- 31Expenses of statement of affairs Repealed
- 32Submission of accounts Repealed
- 33Further disclosure Repealed
- Part 5: INFORMATION TO CREDITORS AND CONTRIBUTORIES Repealed
- 34Report by bank liquidator Repealed
- 35Meaning of “creditors” Repealed
- 36Report where statement of affairs lodged Repealed
- 37Statement of affairs dispensed with Repealed
- 38General rule as to reporting Repealed
- 39Bank insolvency stayed Repealed
- Part 6: MEETINGS OF CREDITORS AND CONTRIBUTORIES Repealed
- RULES OF GENERAL APPLICATION Repealed
- 40First meeting Repealed
- 41Business at first meetings of creditors and contributories Repealed
- 42General power to call meetings Repealed
- 43The chair at meetings Repealed
- 44Requisitioned meetings general Repealed
- 45Requisitioned meetings reforming the liquidation committee Repealed
- 46Attendance at meetings of bank’s personnel Repealed
- 47Notice of meetings by advertisement only Repealed
- 48Venue Repealed
- 49Expenses of summoning meetings Repealed
- 50Resolutions Repealed
- 51Chairman of meeting as proxy-holder Repealed
- 52Suspension and adjournment Repealed
- 53Entitlement to vote (creditors) Repealed
- 54Entitlement to vote (contributories) Repealed
- 55Admission and rejection of proof (creditors' meetings) Repealed
- 56Record of proceedings Repealed
- Part 7: PROOF OF DEBTS Repealed
- 57Meaning of “prove” Repealed
- 58Supply of forms Repealed
- 59Contents of proof Repealed
- 60Claim established by affidavit Repealed
- 61Cost of proving Repealed
- 62Bank Liquidator to allow inspection of proofs Repealed
- 63New bank liquidator appointed Repealed
- 64Admission and rejection of proofs for dividend Repealed
- 65Appeal against decision on proof Repealed
- 66Withdrawal or variation of proof Repealed
- 67Expunging of proof by the court Repealed
- 68Estimate of quantum Repealed
- 69Negotiable instruments, etc. Repealed
- 70Secured creditors Repealed
- 71Discounts Repealed
- 72Mutual credits and set-off Repealed
- 73Disapplication of set off for eligible depositors Repealed
- 74Debt in foreign Currency Repealed
- 75Payments of a periodical nature Repealed
- 76Interest Repealed
- 77Debt payable at future time Repealed
- Part 8: SECURED CREDITORS Repealed
- 78Value of security Repealed
- 79Surrender for non-disclosure Repealed
- 80Redemption by liquidator Repealed
- 81Test of security’s value Repealed
- 82Realisation of security by creditor Repealed
- Part 9: THE BANK LIQUIDATOR Repealed
- GENERAL Repealed
- 83Remuneration of bank liquidator Repealed
- 84Replacement of bank liquidator by creditors Repealed
- 85Authentication of bank liquidator’s appointment Repealed
- 86Appointment to be advertised and registered Repealed
- RESIGNATION AND REMOVAL Repealed
- 87Creditors' meeting to be notified of bank liquidator’s resignation Repealed
- 88Action following acceptance of resignation Repealed
- 89Advertisement of resignation Repealed
- 90Meeting of creditors to remove bank liquidator Repealed
- 91Court’s power to regulate meetings under rule 83 Repealed
- 92Procedure on removal Repealed
- 93Advertisement of removal Repealed
- 94Removal of bank liquidator by the court Repealed
- 95Release of resigning or removed bank liquidator Repealed
- RELEASE ON COMPLETION OF WINDING UP Repealed
- 96Final meeting Repealed
- 97Rule as to reporting Repealed
- REMUNERATION Repealed
- 98Fixing of remuneration Repealed
- 99Bank liquidator’s entitlement to remuneration where it is not fixed under rule 98 Repealed
- 100Bank liquidator’s remuneration where he realises assets on behalf of chargeholder Repealed
- 101Other matters affecting remuneration Repealed
- 102Recourse of bank liquidator to meeting of creditors Repealed
- 103Recourse to the court Repealed
- 104Creditors' claim that remuneration is excessive Repealed
- 105Primacy of Objective 1 Repealed
- SUPPLEMENTARY PROVISIONS Repealed
- 106Replacement Bank liquidator Repealed
- 107Bank liquidator deceased Repealed
- 108Loss of qualification as insolvency practitioner Repealed
- 109Resignation of the bank liquidator Repealed
- 110Notice to Bank of England of intention to vacate office Repealed
- 111Bank liquidator’s duties on vacating office Repealed
- 112Power of court to set aside certain transactions Repealed
- 113Rule against solicitation Repealed
- Part 10: THE LIQUIDATION COMMITTEE Repealed
- 114Application of rules in this Part Repealed
- 115Membership of committee Repealed
- 116Formalities of establishment Repealed
- 117Committee established by contributories Repealed
- 118Obligations of liquidator to committee Repealed
- 119Meetings of the committee Repealed
- 120The Chair at meetings Repealed
- 121Quorum Repealed
- 122Committee-members' representatives Repealed
- 123Resignation Repealed
- 124Termination of membership Repealed
- 125Removal Repealed
- 126Vacancy (creditor members) Repealed
- 127Vacancy (contributory members) Repealed
- 128Voting rights and resolutions Repealed
- 129Resolutions by post Repealed
- 130Liquidator’s reports Repealed
- 131Expenses of members etc. Repealed
- 132Dealings by committee-members and others Repealed
- 133Composition of committee when creditors paid in full Repealed
- 134Committee’s functions vested in the Department Repealed
- 135Formal defects Repealed
- Part 11: COLLECTION AND DISTRIBUTION OF BANK'S ASSETS BY BANK LIQUIDATOR Repealed
- 136General duties of bank liquidator Repealed
- 137General qualification on powers Repealed
- 138Manner of distributing assets Repealed
- 139Debts of insolvent company to rank equally Repealed
- 140Supplementary provisions as to dividend Repealed
- 141Division of unsold assets Repealed
- 142General powers of the liquidator Repealed
- 143Enforced delivery up of company’s property Repealed
- 144Final distribution Repealed
- Part 12: DISCLAIMER Repealed
- 145Liquidator’s notice of disclaimer Repealed
- 146Communication of disclaimer to persons interested Repealed
- 147Additional notices Repealed
- 148Duty to keep court informed Repealed
- 149Application by interested party under Article 152(4) Repealed
- 150Interest in property to be declared on request Repealed
- 151Disclaimer presumed valid and effective Repealed
- 152Application for exercise of court’s powers under Article 155 Repealed
- Part 13: SETTLEMENT OF LIST OF CONTRIBUTORIES Repealed
- 153Preliminary Repealed
- 154Primacy of Objective 1 Repealed
- 155Duty of liquidator to settle list Repealed
- 156Form of list Repealed
- 157Procedure for settling list Repealed
- 158Application to court for variation of the list Repealed
- 159Variation of, or addition to, the list Repealed
- 160Costs not to fall on bank liquidator Repealed
- Part 14: CALLS Repealed
- 161Calls by liquidator Repealed
- 162Control by bank liquidation committee Repealed
- 163Application to court for leave to make a call Repealed
- 164Making and enforcement of the call Repealed
- Part 15: SPECIAL MANAGER Repealed
- 165Appointment and remuneration Repealed
- 166Security Repealed
- 167Failure to give or keep up security Repealed
- 168Accounting Repealed
- 169Termination of appointment Repealed
- Part 16: ORDER OF PAYMENT AS TO COSTS, ETC. OUT OF ASSETS Repealed
- 170General rule as to priority Repealed
- 171Litigation expenses and property subject to a floating charge-general application Repealed
- 172Litigation expenses and property subject to a floating charge-requirement for approval or authorisation Repealed
- 173Litigation expenses and property subject to a floating charge-request for approval or authorisation Repealed
- 174Litigation expenses and property subject to a floating charge-grant of approval or authorisation Repealed
- 175Litigation expenses and property subject to a floating charge-application to court by the bank liquidator Repealed
- 176Saving for powers of the court Repealed
- Part 17: MISCELLANEOUS RULES Repealed
- RETURN OF CAPITAL Repealed
- 177Application to court for order authorising return of capital Repealed
- 178Procedure for return of capital Repealed
- CONCLUSION OF BANK INSOLVENCY Repealed
- 179Department’s directions under section 116 of the 2009 Act Repealed
- 180Procedure following appeal under section 116 of the 2009 Act Repealed
- LEAVE TO ACT AS DIRECTOR, ETC. OF BANK WITH PROHIBITED NAME (ARTICLE 180 OF THE ORDER) Repealed
- 181Preliminary Repealed
- 182Application for leave under Article 180(3) before passing of full payment resolution Repealed
- 183Consideration of application for leave under Article 180(3) Repealed
- 184First excepted case Repealed
- 185Second excepted case Repealed
- 186Third excepted case Repealed
- 187Further exception Repealed
- Part 18: COURT PROCEDURE AND PRACTICE Repealed
- Chapter 1: APPLICATIONS (GENERAL) Repealed
- 188Preliminary Repealed
- 189Interpretation Repealed
- 190Form and contents of application Repealed
- 191Application under Article 150A(5) to disapply Article 150A Repealed
- 192Filing and service of application Repealed
- 193Notice of application under section Article 150A(5) Repealed
- 194Other hearings without notice Repealed
- 195Hearing of application Repealed
- 196Use of affidavit evidence Repealed
- 197Filing and service of affidavits Repealed
- 198Use of reports Repealed
- 199Adjournment of hearing: directions Repealed
- Chapter 3: SHORTHAND WRITERS Repealed
- 200Nomination and appointment of shorthand writers Repealed
- 201Remuneration Repealed
- Chapter 4: ENFORCEMENT PROCEDURES Repealed
- 202Enforcement of court orders Repealed
- 203Orders enforcing compliance with the rules Repealed
- 204Warrants (general provisions) Repealed
- 205Warrants under Article 200 Repealed
- Chapter 5: COURT RECORDS AND RETURNS Repealed
- 206Title of proceedings Repealed
- 207Court records Repealed
- 208Inspection of records Repealed
- 209File of court proceedings and inspection Repealed
- 210Filing of Gazette notices and advertisements Repealed
- Chapter 6: COSTS AND DETAILED ASSESSMENT Repealed
- 211Application of the Supreme Court Rules Repealed
- 212Requirement to assess costs by the detailed procedure Repealed
- 213Procedure where detailed assessment required Repealed
- 214Cost of officers charged with executions of writs or other process Repealed
- 215Costs paid otherwise than out of the insolvent estate Repealed
- 216Award of costs against responsible insolvency practitioner Repealed
- 217Application for costs Repealed
- 218Costs and expenses of witnesses Repealed
- Chapter 7: PERSONS INCAPABLE OF MANAGING THEIR AFFAIRS Repealed
- 219Introductory Repealed
- 220Appointment of another person to act Repealed
- 221Affidavit in support of application Repealed
- 222Service of notices following appointment Repealed
- Chapter 8: APPEALS IN BANK INSOLVENCY PROCEEDINGS Repealed
- 223Appeals and review of court orders Repealed
- 224Procedure on appeal Repealed
- 225Appeal against a decision of the Department Repealed
- Chapter 9: GENERAL Repealed
- 226Principal court rules and practice to apply Repealed
- 227Right of attendance Repealed
- 228Restriction on concurrent proceedings and remedies Repealed
- 229Security in court Repealed
- 230Further information and disclosure Repealed
- 231Office copies of documents Repealed
- Part 19: PROXIES AND COMPANY REPRESENTATION Repealed
- 232Definition of “proxy” Repealed
- 233Issue and use of forms Repealed
- 234Use of proxies at meetings Repealed
- 235Retention of proxies Repealed
- 236Right of inspection Repealed
- 237Proxy-holder with financial interest Repealed
- 238Company representation Repealed
- Part 20: EXAMINATION OF PERSONS CONCERNED IN BANK INSOLVENCY Repealed
- 239Preliminary Repealed
- 240Form and contents of application Repealed
- 241Order for examination, etc Repealed
- 242Procedure for examination Repealed
- 243Record of examination Repealed
- 244Cost of proceedings Repealed
- Part 21: DECLARATION AND PAYMENT OF DIVIDEND Repealed
- 245Preliminary Repealed
- 246Notice of intended dividend Repealed
- 247Final admission/rejection of proofs Repealed
- 248Postponement or cancellation of dividend Repealed
- 249Decision to declare dividend Repealed
- 250Notice of declaration Repealed
- 251Notice of no, or no further, dividend Repealed
- 252Proof altered after payment of dividend Repealed
- 253Secured creditors Repealed
- 254Disqualification from dividend Repealed
- 255Assignment of right to dividend Repealed
- 256Preferential creditors Repealed
- 257Debt payable at future time Repealed
- Part 22: MISCELLANEOUS AND GENERAL Repealed
- 258Power of Department to regulate certain matters Repealed
- 259Costs, expenses, etc Repealed
- 260Provable debts Repealed
- 261Notices Repealed
- 262Quorum at meeting of creditors or contributories Repealed
- 263Evidence of proceedings at meetings Repealed
- 264Documents issuing from the Department Repealed
- 265Insolvency practitioner’s security Repealed
- 266Time Repealed
- 267Service by post Repealed
- 268General provisions as to service Repealed
- 269Service outside the jurisdiction Repealed
- 270Confidentiality of documents Repealed
- 271Notices sent simultaneously to the same person Repealed
- 272Right to copy documents Repealed
- 273Charge for copy documents Repealed
- 274Non-receipt of notice of meeting Repealed
- 275Right to have list of creditors Repealed
- 276False claim of status as creditors Repealed
- 277Execution overtaken by judgement debtor’s insolvency Repealed
- 278The Gazette Repealed
- 279Punishment of offences Repealed
- 280Notice of order under Article 150A(5) Repealed
- Part 23: INTERPRETATION Repealed
- 281Introductory Repealed
- 282Expressions used generally Repealed
- 283“Give notice”, etc Repealed
- 284Notice, etc to solicitors Repealed
- 285Notice to joint bank liquidators Repealed
- 286“Insolvent estate” Repealed
- 287“Responsible insolvency practitioner”, etc Repealed
- 288The Schedule Repealed
- Signature
- Schedule Repealed
- 1Paragraph 1 Repealed
- Explanatory note