Rule 108 Notifying potential claimants after bar date has passedI1

Scotland

(1)

This rule applies where, after the bar date under regulation 20 has passed—

(a)

there is evidence from—

(i)

the records of the institution, or

(ii)

information received by the administrator,

that there is a customer who is eligible to make a relevant funds claim but that the administrator has not received a relevant funds claim from that customer,

(b)

the administrator has a means of contacting that customer.

(2)

The administrator must send notice to that customer in writing stating that the administrator believes that customer is eligible to submit a relevant funds claim.

(3)

The notice under paragraph (2) must state that—

(a)

the administrator believes that that customer has a relevant funds claim,

(b)

in making the distribution plan under rule 109, the administrator intends to calculate that customer’s relevant funds claim according to the information available to the administrator unless—

(i)

that customer advises the administrator that it is not owed any relevant funds within fourteen business days of receipt of the notice or such longer period as may be agreed by the administrator,

(ii)

that customer submits a relevant funds claim in accordance with rule 99 within fourteen business days of receipt of the notice or such longer period as may be agreed by the administrator, or

(iii)

the court directs otherwise following an application made in accordance with rule 106.

Annotations

Commencement

I1: Rule 108 in force at 19.12.2022, see rule 2