Rule 97 Pre-administration costsI1

Scotland

(1)

Where the administrator has made a statement of pre-administration costs under rule 24(2)(p), the creditors’ committee may determine whether and to what extent the unpaid pre-administration costs set out in the statement are approved for payment.

(2)

Paragraph (3) applies if—

(a)

there is no creditors’ committee,

(b)

the creditors’ committee does not make the necessary determination, or

(c)

the creditors’ committee makes the necessary determination, but the administrator or other insolvency practitioner who has charged fees or incurred expenses as pre-administration costs considers the amount determined to be insufficient.

(3)

When this paragraph applies, determination of whether and to what extent the unpaid pre-administration costs are approved for payment must be by resolution of—

(a)

a meeting of customers where the pre-administration costs were incurred wholly in pursuance of Objective 1,

(b)

a meeting of creditors where the pre-administration costs were incurred in pursuance of Objectives 2 and 3,

(c)

a meeting of creditors and customers where the pre-administration costs were incurred in pursuance of Objective 1, Objective 2 and Objective 3.

(4)

The administrator must call a meeting of the creditors’ committee or a meeting under paragraph (3) if so requested for the purposes of paragraphs (1) to (3) by another insolvency practitioner who has charged fees or incurred expenses as pre-administration costs, and the administrator must give notice of the meeting within twenty-eight days of receipt of the request.

(5)

The administrator (where the fees were charged or expenses incurred by the administrator) or other insolvency practitioner (where the fees were charged or expenses incurred by that practitioner) may apply to the court for a determination of whether and to what extent the unpaid pre-administration costs are approved for payment if—

(a)

there is no determination under paragraph (1) or (3),

(b)

there is such a determination, but the administrator or other insolvency practitioner who has charged fees or incurred expenses as pre-administration costs considers the amount determined to be insufficient.

(6)

Paragraphs (2) to (4) of rule 130 apply to an application under paragraph (5) of this rule as they do to an application under paragraph (1) of that rule (references to the administrator being read as references to the insolvency practitioner who has charged fees or incurred expenses as pre-administration costs).

(7)

Where the administrator fails to call a meeting of the creditors’ committee or a meeting under paragraph (3) in accordance with paragraph (4), the other insolvency practitioner may apply to the court for an order requiring the administrator to do so.

Annotations

Commencement

I1: Rule 97 in force at 19.12.2022, see rule 2