The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021
S.I. 2021/1178 · Made 21 October 2021 · Extends to England and Wales
Financial Services And Markets
Insolvency
Made 21st October 2021
Laid before Parliament 22nd October 2021
Coming into force 12th November 2021
The Treasury concur in the making of these 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 these 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
- f1
- f2
Contents
- Part 1: Introductory Provisions
- 1Citation
- 2Commencement
- 3Extent
- 4Interpretation
- 5Application of Rules
- Part 2
- Chapter: 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
- Part 3: Process of Special Administration
- Chapter 1: Notice of appointment and statement of affairs
- 17Notification and advertisement of administrator’s appointment
- 18Notice requiring statement of affairs
- 19Statement of affairs: content
- 20Details of the asset pool, safeguarding measures and reconciliation
- 21Verification, filing and statement of concurrence
- 22Limited disclosure
- 23Release from duty to submit statement of affairs
- 24Expenses of statement of affairs
- 25Submission of accounts
- Chapter 2: Statement of proposals
- 26Administrator’s proposals
- 27Limited disclosure of the statement of proposals
- Chapter 3: Initial meeting to consider proposals
- 28Initial meeting
- 29Notice to officers
- 30Business of the initial meeting
- 31Adjournment of meeting to approve the statement of proposals
- 32Revision of the statement of proposals
- 33Meeting to approve the revised statement of proposals
- 34Notice to creditors and customers
- Chapter 4: Meetings generally
- 35Meetings generally
- 36Venue
- 37Notice of meeting by individual notice: when and where sent
- 38Notice of meeting by individual notice: content and accompanying documents
- 39Notice of meeting by advertisement only
- 40Content of notice for meetings
- 41Gazetting and advertisement of meetings
- 42Non-receipt of notice of meeting
- 43Requisition of meetings
- 44Expenses of requisitioned meetings
- 45Quorum at meetings
- 46Chair at meetings
- 47Adjournment by chair
- 48Adjournment in absence of chair
- 49Claims, proofs and proxies in adjournment
- 50Suspension
- 51Venue and conduct of company meetings
- Chapter 5: Entitlement to vote at meetings
- 52Entitlement to vote (creditors)
- 53Calculation of voting rights (creditors)
- 54Calculation of voting rights: special cases (creditors)
- 55Procedure for admitting creditors’ claims for voting
- 56Entitlement to vote (customers)
- 57Procedure for admitting customers’ relevant funds claims for voting
- 58Voting at meetings of creditors and customers
- 59Requisite majorities
- 60Requisite majorities at contributories’ meetings
- 61Appeals against decisions under this Chapter
- Chapter 6: Correspondence and remote attendance
- 62Correspondence instead of meetings
- 63Remote attendance at meetings conducted in accordance with section 246A
- 64Action where person excluded
- 65Indication to excluded person
- 66Complaint
- Chapter 7: Records, returns and reports
- 67Minutes
- 68Returns or reports of meetings
- Chapter 8: The creditors’ committee
- 69Constitution of creditors’ committee
- 70Formalities of establishment
- 71Functions and meetings of the creditors’ committee
- 72The chair at meetings
- 73Quorum
- 74Creditors’ committee members’ representatives
- 75Resignation
- 76Termination of membership
- 77Removal
- 78Vacancies
- 79Procedure at meetings
- 80Remote attendance at meetings of creditors’ committee
- 81Procedure for requests that a place for a meeting should be specified
- 82Resolutions of creditors’ committees by post
- 83Information from administrator
- 84Expenses of members
- 85Members dealing with the institution
- 86Formal defects
- Chapter 9: Progress reports
- 87Content of progress report
- 88Delivering a progress report
- Chapter 10: Proxies and corporate representation
- 89Definition of proxy
- 90Issue and use of forms
- 91Use of proxies at meetings
- 92Retention of proxies
- 93Right of inspection
- 94Proxy-holder with financial interest
- 95Corporate representation
- Chapter 11: Disposal of charged property
- 96Application to dispose of charged property
- Part 4: Expenses of the special administration
- 97Expenses of voluntary arrangement
- 98Expenses to be paid out of the institution’s assets
- 99Expenses to be paid out of the relevant funds
- 100Pre-administration costs
- 101Allocation of expenses to be paid from the relevant funds
- Part 5: Relevant funds claims
- 102Content of relevant funds claim
- 103Debt in a foreign currency
- 104Costs of making a claim
- 105New administrator appointed
- 106Admission and rejection of relevant funds claim
- 107Appeal against decision on relevant funds claim
- 108Withdrawal or variation of relevant funds claim
- 109Exclusion of relevant funds claim by the court
- Part 6: Objective 1
- Chapter 1: Setting a bar date and further notifications
- 110Notice of the bar date
- 111Notifying potential claimants after bar date has passed
- Chapter 2: Distribution plan
- 112Distribution plan
- 113Approval by the creditors’ committee
- 114Approval by the court
- 115Treatment of late claimants
- Part 7: Distributions to creditors
- Chapter 1: Application
- 116Distribution to creditors
- 117Debts of institution to rank equally
- 118Supplementary provisions as to dividend
- 119Division of unsold assets
- Chapter 2: Proofs of debt
- 120Proving a debt
- 121Costs of proving
- 122Administrator to allow inspection of proofs
- 123New administrator appointed
- 124Admission and rejection of proofs for dividend
- 125Appeal against decision on proof
- 126Withdrawal or variation of proof
- 127Exclusion of proof by the court
- Chapter 3: Quantification of claims
- 128Estimate of quantum
- 129Negotiable instruments
- 130Secured creditors
- 131Discounts
- 132Mutual credit and set-off
- 133Debt in a foreign currency
- 134Payments of a periodical nature
- 135Interest
- 136Debt payable at a future time
- 137Value of security
- 138Surrender for non-disclosure
- 139Redemption by administrator
- 140Test of security’s value
- 141Realisation of security by creditor
- 142Notice of proposed distribution
- 143Admission or rejection of proofs
- 144Postponement or cancellation of dividend
- 145Declaration of a dividend
- 146Notice of declaration of a dividend
- 147Payments of dividend and related matters
- 148Notice of no dividend or no further dividend
- 149Proof altered after payment of dividend
- 150Secured creditors
- 151Disqualification from dividend
- 152Assignment of right to dividend
- 153Debt payable at a future time
- Part 8: The Administrator
- Chapter 1: Powers of the administrator
- 154General powers
- 155Powers of disclaimer
- 156Communication of disclaimer to persons interested
- 157Additional notices
- 158Records
- 159Application by interested party
- 160Interest in property to be declared on request
- 161Disclaimer presumed valid and effective
- 162Application for the exercise of court’s powers under section 181
- Chapter 2: Fixing of remuneration
- 163Fixing of remuneration
- 164Recourse to meeting of creditors and customers
- 165Recourse to the court
- 166Creditors’ and customers’ request for further information
- 167Claim that remuneration is excessive
- 168Review of remuneration
- 169Remuneration of new administrator
- 170Apportionment of set fee remuneration
- Chapter 3: Replacing the administrator
- 171Grounds for resignation
- 172Notice of intention to resign
- 173Notice of resignation
- 174Application to court to remove administrator from office
- 175Notice of vacation of office when administrator ceases to be qualified
- 176Administrator deceased
- 177Application to replace
- 178Notification and advertisement of appointment of replacement administrator
- 179Notification and advertisement of appointment of joint administrator
- 180Notification of new administrator
- 181Administrator’s duties on vacating office
- Part 9: End of special administration
- 182Final progress reports
- 183Application to court by administrator
- 184Application to court by creditor
- 185Notification by administrator of court order
- 186Moving from special administration to dissolution
- Part 10: Court procedure and practice
- Chapter 1: Application of the CPR
- 187Principal court rules and practice to apply
- Chapter 2: The Court
- 188Shorthand writers — nomination, appointment, remuneration and costs
- 189Court file
- 190Office copies of documents
- 191Payments into court
- Chapter 3: Obtaining information and evidence
- 192Further information and disclosure
- 193Witness statements — general
- 194Filing and service of witness statements
- 195Evidence provided by the administrator
- Chapter 4: Service of court documents
- 196Application of Chapter
- 197Service of court documents within the jurisdiction
- 198Service of court documents outside jurisdiction
- 199Service of orders staying proceedings
- 200Service on joint office-holders
- Chapter 5: Applications to court – general
- 201Application of Chapter
- 202Form and contents of application
- 203Filing and service of application
- 204Directions
- 205Hearings without notice
- 206Hearing of application
- 207Adjournment of the hearing of an application
- Chapter 6: Applications to the court under section 176A of the IA 1986
- 208Application of Chapter
- 209Applications under section 176A(5) to disapply section 176A
- 210Notice of application under section 176A(5)
- 211Notice of an order under section 176A(5)
- Chapter 7: Applications for an order under section 236 of the IA 1986
- 212Application of section 236 of the IA 1986
- 213Form and contents of application
- 214Order for examination etc.
- 215Procedure for examination
- 216Record of examination
- 217Costs of proceedings under section 236 of the IA 1986
- Chapter 8: People who lack capacity to manage their affairs etc.
- 218Application of Chapter 8
- 219Appointment of another person to act
- 220Witness statement in support of application
- 221Service of notices following appointment
- Chapter 9: Formal defects
- 222Formal defects
- Chapter 10: Costs
- 223Application of Chapter 10
- 224Requirement to assess costs by the detailed procedure
- 225Procedure where detailed assessment is required
- 226Costs of officers charged with execution of writs or other process
- 227Costs paid otherwise than out of the institution’s estate
- 228Award of costs against the administrator
- 229Applications for costs
- 230Costs and expenses of witnesses
- 231Final costs certificate
- Chapter 11: Enforcement procedures
- 232Enforcement of court orders
- 233Orders enforcing compliance with these Rules
- 234Warrants (general provisions)
- 235Warrants under section 236
- Chapter 12: Appeals
- 236Application of Chapter 12
- 237Appeals and reviews of court orders
- 238Procedure on appeal
- 239Appeal against decision of the Secretary of State
- Part 11: Prohibited names
- 240Preliminary
- 241Application for permission under section 216(3)
- 242First excepted case
- 243Second excepted case
- 244Third excepted case
- Part 12: Provisions of general effect
- Chapter 1: Miscellaneous and general
- 245Costs, expenses etc
- 246Provable debts
- 247False representation of status for purpose of inspecting documents
- 248Punishment of offences
- Chapter 2: The giving of notice and the supply of documents
- 249Application
- 250Personal delivery
- 251Postal delivery of documents
- 252Notice etc to authorised recipients
- Chapter 3: The giving of notice and the supply of documents to or by the administrator
- 253Application
- 254The form
- 255Proof of sending
- 256Authentication
- 257Electronic delivery — general
- 258Electronic delivery by administrator
- 259Use of websites by administrator
- 260General use of websites to deliver notices and other documents
- 261Electronic delivery of special administration documents to court
- 262Notice etc to joint administrators
- 263Execution overtaken by judgment debtor’s insolvency
- 264Notice to enforcement officers
- 265Electronic submission of information
- 266Contents of notices to be gazetted
- 267Gazette notices relating to an institution that is a company
- 268Omission of unobtainable information
- 269The Gazette — general
- 270Content of notices advertised other than in the Gazette
- 271Non-Gazette notice relating to an institution that is a company
- 272Non-Gazette notices — other provisions
- Chapter 4: Notifications to the registrar of companies
- 273Application of Chapter 4
- 274Information to be contained in all notifications to the registrar of companies
- 275Notification relating to the administrator
- 276Notifications relating to documents
- 277Notifications relating to court orders
- 278Notifications relating to other events
- 279Notifications of more than one nature
- 280Notifications made to other persons at the same time
- Chapter 5: Further provisions concerning documents
- 281Confidentiality of documents — grounds for refusing inspection
- 282Right to copy documents
- 283Charges for copy documents
- 284Right to have list of creditors
- Chapter 6: Time limits and security
- 285Time limits
- 286Administrator’s security
- Chapter 7: Transfer of proceedings
- 287Proceedings commenced in the wrong court
- 288Proceedings other than special administration commenced
- Part 13: General interpretation and application
- 289Introduction
- 290“The court” and “the registrar”
- 291Venue
- 292Insolvent estate
- 293The appropriate fee
- 294“Debt” and “liability”
- 295Application of the IA 1986 and the Company Directors Disqualification Act
- Signature
- Schedule Punishment of offences
- Explanatory note