The Payment and Electronic Money Institution Insolvency (Scotland) Rules 2022
S.I. 2022/1239 · Made 25 November 2022 · Extends to Scotland
Financial Services And Markets, Scotland
Insolvency, Scotland
Made 25th November 2022
Laid before Parliament 28th November 2022
Coming into force 19th December 2022
The Treasury makes the following Rules, in exercise of the powers conferred by section 411(1A)(b), (2), (2C) and (3) of the Insolvency Act 1986f1, as applied and modified by regulation 37 of the Payment and Electronic Money Institution Insolvency Regulations 2021f2.
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
- 8Lodging of application
- 9Service of application
- 10Further notification
- 11The hearing
- 12The special administration order
- 13Expenses allowed by the court
- 14Notice of special administration order
- Part 3: Process of Special Administration
- Chapter 1: Notice of appointment and statement of affairs
- 15Notification and advertisement of administrator’s appointment
- 16Notice requiring statement of affairs
- 17Statement of affairs: content
- 18Details of the asset pool, safeguarding measures and reconciliation
- 19Statement of concurrence
- 20Limited disclosure
- 21Release from duty to submit statement of affairs
- 22Expenses of statement of affairs
- 23Submission of accounts
- Chapter 2: Statement of proposals
- 24Administrator’s proposals
- 25Limited disclosure of the statement of proposals
- Chapter 3: Initial meeting to consider proposals
- 26Initial meeting
- 27Notice to officers
- 28Business of the initial meeting
- 29Adjournment of meeting to approve the statement of proposals
- 30Revision of the statement of proposals
- 31Meeting to approve the revised statement of proposals
- 32Notice to creditors and customers
- Chapter 4: Meetings generally
- 33Meetings generally
- 34Venue
- 35Notice of meeting by individual notice: when and where sent
- 36Notice of meeting by individual notice: content and accompanying documents
- 37Notice of meeting by advertisement only
- 38Content of notice for meetings
- 39Gazetting and advertisement of meetings
- 40Non-receipt of notice of meeting
- 41Requisition of meetings
- 42Expenses of requisitioned meetings
- 43Quorum at meetings
- 44Chair at meetings
- 45Adjournment by chair
- 46Adjournment in absence of chair
- 47Statements of claim and proxies in adjournment
- 48Suspension
- 49Venue and conduct of company meetings
- Chapter 5: Entitlement to vote at meetings
- 50Entitlement to vote (creditors)
- 51Calculation of voting rights (creditors)
- 52Calculation of voting rights: special cases (creditors)
- 53Procedure for admitting creditors’ claims for voting
- 54Entitlement to vote (customers)
- 55Procedure for admitting customers’ relevant funds claims for voting
- 56Voting at meetings of creditors and customers
- 57Requisite majorities
- 58Requisite majorities at contributories’ meetings
- 59Appeals against decisions under this Chapter
- Chapter 6: Correspondence and remote attendance
- 60Correspondence instead of meetings
- 61Remote attendance at meetings conducted in accordance with section 246A of the IA 1986
- 62Action where person excluded
- 63Indication to excluded person
- 64Complaint
- Chapter 7: Records, returns and reports
- 65Minutes
- 66Returns or reports of meetings
- Chapter 8: The creditors’ committee
- 67Constitution of creditors’ committee
- 68Formalities of establishment
- 69Functions and meetings of the creditors’ committee
- 70The chair at meetings
- 71Quorum
- 72Creditors’ committee members’ representatives
- 73Resignation
- 74Termination of membership
- 75Removal
- 76Vacancies
- 77Procedure at meetings
- 78Remote attendance at meetings of creditors’ committee
- 79Procedure for requests that a place for a meeting should be specified
- 80Resolutions of creditors’ committees by post
- 81Information from administrator
- 82Expenses of members
- 83Members dealing with the institution
- 84Formal defects
- Chapter 9: Progress reports
- 85Content of progress report
- 86Sending a progress report
- Chapter 10: Proxies and corporate representation
- 87Definition of proxy
- 88Issue and use of forms
- 89Use of proxies at meetings
- 90Retention of proxies
- 91Right of inspection
- 92Proxy-holder with financial interest
- 93Corporate representation
- Chapter 11: Disposal of charged property
- 94Application to dispose of secured property
- Part 4: Expenses of the special administration
- 95Expenses to be paid out of the institution’s assets
- 96Expenses to be paid out of the relevant funds
- 97Pre-administration costs
- 98Allocation of expenses to be paid from the relevant funds
- Part 5: Relevant funds claims
- 99Content of relevant funds claim
- 100Debt in a foreign currency
- 101Costs of making a claim
- 102New administrator appointed
- 103Admission and rejection of relevant funds claim
- 104Appeal against decision on relevant funds claim
- 105Withdrawal or variation of relevant funds claim
- 106Exclusion of relevant funds claim by the court
- Part 6: Objective 1
- Chapter 1: Setting a bar date and further notifications
- 107Notice of the bar date
- 108Notifying potential claimants after bar date has passed
- Chapter 2: Distribution plan
- 109Distribution plan
- 110Approval by the creditors’ committee
- 111Approval by the court
- 112Treatment of late claimants
- Part 7: Claims by and distributions to creditors
- 113Application and Interpretation of Part
- 114Payments of dividends
- 115New administrator appointed
- 116Submission of claims
- 117False claims or evidence
- 118Evidence of Claims
- 119Adjudication of Claims
- 120Entitlement to draw a dividend
- 121Liabilities and rights of obligants
- 122Amount which may be claimed generally
- 123Debts depending on contingency
- 124Secured debts
- 125Claims in a foreign currency
- 126Administrator to allow inspection of statements of claim
- 127Order of priority in distribution
- 128Assets to be distributed in respect of the accounting periods
- Part 8: The Administrator
- Chapter 1: Remuneration of the administrator
- 129Remuneration of administrator
- 130Appeal against fixing of remuneration
- 131Claim that remuneration is excessive
- Chapter 2: Replacing the administrator
- 132Grounds for resignation
- 133Notice of intention to resign
- 134Notice of resignation
- 135Application to court to remove administrator from office
- 136Notice of vacation of office when administrator ceases to be qualified
- 137Administrator deceased
- 138Application to replace
- 139Notification and advertisement of appointment of replacement administrator
- 140Notification and advertisement of appointment of joint administrator
- 141Notification of new administrator
- 142Administrator’s duties on vacating office
- Part 9: End of special administration
- 143Final progress reports
- 144Application to court by administrator
- 145Application to court by creditor
- 146Notification by administrator of court order
- 147Moving from special administration to dissolution
- Part 10: Applications to court
- Chapter 1: Applications to the court under section 176A of the IA 1986
- 148Application of Chapter
- 149Applications under section 176A(5) of the IA 1986 to disapply section 176A(2) of the IA 1986
- 150Notice of an order under section 176A(5) of the IA 1986
- Chapter 2: Formal defects
- 151Power to cure defects in procedure
- 152Formal defects
- Part 11: Prohibited names
- 153Preliminary
- 154Application for permission under section 216(3) of the IA 1986
- 155First excepted case
- 156Second excepted case
- 157Third excepted case
- Part 12: Provisions of general effect
- Chapter 1: Miscellaneous and general
- 158Costs, expenses etc
- 159False representation of status for purpose of inspecting documents
- 160Punishment of offences
- Chapter 2: The giving of notice and the supply of documents
- 161Application
- 162Personal delivery
- 163Postal delivery of documents
- 164Notice etc to authorised recipients
- Chapter 3: The giving of notice and the supply of documents to or by the administrator
- 165Application
- 166The form
- 166AContent of notice to be sent by the administrator
- 167Proof of sending
- 168Authentication
- 169Electronic delivery — general
- 170Electronic delivery by administrator
- 171Use of websites by administrator
- 172General use of websites to deliver notices and other documents
- 173Electronic delivery of special administration documents to court
- 174Notice etc to joint administrators
- 175Delivery of statements of claim and documentary evidence of debt
- 176Electronic submission of information
- 177Contents of notices to be gazetted
- 178Omission of unobtainable information
- 179The Gazette — general
- 180Content of notices advertised other than in the Gazette
- 181Non-Gazette notices — other provisions
- Chapter 4: Notifications to the registrar of companies
- 182Application of Chapter 4
- 183Information to be contained in all notifications to the registrar of companies
- 184Notification relating to the administrator
- 185Notifications relating to documents
- 186Notifications relating to court orders
- 187Notifications relating to other events
- 188Notifications of more than one nature
- 189Notifications made to other persons at the same time
- Chapter 5: Further provisions concerning documents
- 190Confidentiality of documents — grounds for refusing inspection
- 191Right to copy documents
- 192Charges for copy documents
- 193Right to have list of creditors
- 194Sederunt book
- 195Transfer and disposal of institution’s books, papers and other records
- Chapter 6: Periods of time and caution
- 196Periods of time expressed in days
- 197Periods of time expressed in months
- 198Administrator’s caution
- 199Service on joint administrators
- Chapter 7: Transfer of proceedings
- 200Proceedings commenced in the wrong court
- 201Proceedings other than special administration commenced
- Part 13: General interpretation and application
- 202Introduction
- 203Venue
- 204Insolvent estate and institution’s assets
- 205“Debt”
- 206Application of the IA 1986 and the Company Directors Disqualification Act 1986
- Signature
- Schedule Punishment of offences
- Explanatory note