OpenLegislation

Rule 65 Notice of proposed distributionI1

England and Wales

(1)

Where a postal administrator is proposing to make a distribution to creditors the postal administrator shall give notice of that fact.

(2)

The notice given pursuant to paragraph (1) of this Rule shall—

(a)

be sent to all creditors whose addresses are known to the postal administrator;

(b)

state whether the distribution is to preferential creditors or preferential creditors and unsecured creditors; and

(c)

where the postal administrator proposes to make a distribution to unsecured creditors, state the value of the prescribed part, except where the court has made an order under section 176A(5) of the 1986 Act.

(3)

Subject to paragraph (5)(b) of this Rule, before declaring a dividend the postal administrator shall by notice invite the creditors to prove their debts. Such notice—

(a)

shall be gazetted; and

(b)

may be advertised in such other manner as the postal administrator thinks fit.

(4)

A notice pursuant to paragraph (1) or (3) of this Rule must, in addition to the standard contents—

(a)

state that it is the intention of the postal administrator to make a distribution to creditors within the period of 2 months from the last date for proving;

(b)

specify whether the proposed dividend is interim or final;

(c)

specify a date up to which proofs may be lodged being a date which—

(i)

is the same date for all creditors; and

(ii)

is not less than 21 days from that of the notice.

(5)

Where a dividend is to be declared for preferential creditors—

(a)

the notice pursuant to paragraph (1) of this Rule need only to be given to those creditors in whose case the postal administrator has reason to believe that their debts are preferential; and

(b)

the notice pursuant to paragraph (3) of this Rule need only be given if the postal administrator thinks fit.

Annotations

Commencement

I1

Rule 65 in force at 31.1.2014, see rule 1