The Insolvency (England and Wales) Rules 2016
S.I. 2016/1024 · Made 18 October 2016 · Extends to England and Wales
Insolvency, England And Wales
Companies
Individuals
Made 18th October 2016
Laid before Parliament 25th October 2016
Coming into force 6th April 2017
M1The Lord Chancellor has consulted the committee existing for the purposes of section 413 of the Insolvency Act 1986 (“the Act”).
The Lord Chancellor makes the following Rules in exercise of the powers conferred by sections 411 and 412 M2 of the Act, with the concurrence of the Chancellor of the High Court (by authority of the Lord Chief Justice under sections 411(7) and 412(6) of the Act) in relation to those rules which affect court procedure, and with the concurrence of the Secretary of State.C1C2C3C4C5C6C7C8C9C10C11C12
Annotations to the whole text
Marginal citations
- M1
1986 c.45. Relevant amendments to section 413 have been made by paragraph 190 of Schedule 4 to the Constitutional Reform Act 2005 (c.4).
- M2
Section 411 and 412 confer on the Lord Chancellor the power to make rules in relation to insolvency in England and Wales with the concurrence of the Secretary of State and the Lord Chief Justice (in the case of rules that affect court procedure). The power to make rules in relation to corporate insolvency in Scotland is conferred on the Secretary of State and is exercisable by the Scottish Ministers. The provisions in the second group of Parts of the Insolvency Act 1986 (insolvency of individuals; bankruptcy) do not extend to Scotland. Relevant amendments to sections 411 and 412 are made by regulations 2 and 3 of S.I. 2002/1037; paragraphs 185, 188 and 189 of Schedule 4 to the Constitutional Reform Act 2005 (c.4); paragraphs 1 and 8 of Schedule 20 to the Tribunals, Courts and Enforcement Act 2007 (c.15); paragraph 44 of Schedule 4 to S.I. 2007/2194; and paragraph 79 of Schedule 1 to S.I. 2009/1941.
Modifications
- C1
Rules applied (with modifications) (6.4.2017) by S.I. 2015/1493, regs. 2, 8 (as amended by The Insolvency (England and Wales) Rules 2016 (Consequential Amendments and Savings) Rules 2017 (S.I. 2017/369), Sch. 2 para. 1)
- C2
Rules modified (8.12.2017) by S.I. 2001/1090, Sch. 7 (as inserted by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 1 para. 55)
- C3
Rules applied (with modifications) (4.8.2018) by The Financial Market Infrastructure Administration (England and Wales) Rules 2018 (S.I. 2018/833), rules 1(1), 12
- C4
Rules modified in part (31.1.2019) by The Further Education Bodies (Insolvency) Regulations 2019 (S.I. 2019/138), regs. 1(1), 5 (with regs. 1(2), 3(a)(i))
- C5
Rules modified in part (31.1.2019) by The Further Education Bodies (Insolvency) Regulations 2019 (S.I. 2019/138), regs. 1(1), 33 (with regs. 1(2), 3(a)(ii))
- C6
Rules modified (23.4.2019) by S.I. 2001/3634, rules 3-8 (as amended by The Bankruptcy (Financial Services and Markets Act 2000) Rules 2001 and the Insurers (Winding Up) Rules 2001 (Amendment) Rules 2019 (S.I. 2019/754), rules 1(2), 2)
- C7
Rules modified (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 10 para. 7(6) (with ss. 2(2), 5(2))
- C8
Rules restricted (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 10 para. 19(1)(2) (with ss. 2(2), 5(2))
- C9
Rules modified (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 10 para. 4(4) (with ss. 2(2), 5(2))
- C10
Rules excluded (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 4(2) (with rule 4(1))
- C11
Rules excluded (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 2(2) (with rule 2(1))
- C12
Rules excluded except for specified provisions (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 2(2) (with rule 2(1))
Contents
- Part: INTRODUCTORY RULES
- 1Citation and commencement
- 2Revocations
- 3Extent and application
- 4Transitional and savings provisions
- 5Power of the Secretary of State to regulate certain matters
- 6Punishment of offences
- 7Review
- Part 1: SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS
- Chapter 1: Scope of these Rules
- 1.1Scope
- 2Interpretation
- 1.2Defined terms
- 1.3Calculation of time periods
- Chapter 3: Form and content of documents
- 1.4Requirement for writing and form of documents
- 1.5Authentication
- 1.6Information required to identify persons and proceedings etc.
- 1.7Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc.
- 1.8Prescribed format of documents
- 1.9Variations from prescribed contents
- 4Standard contents of Gazette notices and the Gazette as evidence etc.
- 1.10Contents of notices to be gazetted under the Act or Rules
- 1.11Standard contents of all notices
- 1.12Gazette notices relating to a company
- 1.13Gazette notices relating to a bankruptcy
- 1.14The Gazette: evidence, variations and errors
- 5Standard contents of notices advertised otherwise than in the Gazette
- 1.15Standard contents of notices advertised otherwise than in the Gazette
- 1.16Non-Gazette notices relating to a company
- 1.17Non-Gazette notices relating to a bankruptcy
- 1.18Non-Gazette notices: other provisions
- 6Standard contents of documents to be delivered to the registrar of companies
- 1.19Standard contents of documents delivered to the registrar of companies
- 1.20Registrar of companies: covering notices
- 1.21Standard contents of all documents
- 1.22Standard contents of documents relating to the office of office-holders
- 1.23Standard contents of documents relating to other documents
- 1.24Standard contents of documents relating to court orders
- 1.25Standard contents of returns or reports of decisions
- 1.26Standard contents of returns or reports of matters considered by company members by correspondence
- 1.27Standard contents of documents relating to other events
- 7Standard contents of notices for delivery to other persons etc.
- 1.28Standard contents of notices to be delivered to persons other than the registrar of companies
- 1.29Standard contents of all notices
- 1.30Standard contents of notices relating to the office of office-holders
- 1.31Standard contents of notices relating to documents
- 1.32Standard contents of notices relating to court proceedings or orders
- 1.33Standard contents of notices of the results of decisions
- 1.34Standard contents of returns or reports of matters considered by company members by correspondence
- 8Applications to the court
- 1.35Standard contents and authentication of applications to the court under Part A1 to 11 of the Act
- Chapter 9: Delivery of documents and opting out (sections 246C, 248A , 379C and 383A )
- Application of Chapter
- 1.36Rule 1.36
- 1.37Delivery to the creditors and opting out
- 1.38Creditor's election to opt out
- 1.39Office-holder to provide information to creditors on opting-out
- 1.40Delivery of documents to authorised recipients
- 1.41Delivery of documents to joint office-holders
- 1.42Postal delivery of documents
- 1.43Delivery by document exchange
- 1.44Personal delivery of documents
- 1.45Electronic delivery of documents
- 1.46Electronic delivery of documents to or by the court
- 1.47Electronic delivery of notices to enforcement officers
- 1.48Electronic delivery by office-holders
- 1.49Rule 1.49
- 1.50General use of website to deliver documents
- 1.51Retention period for documents made available on websites
- 1.52Proof of delivery of documents
- 1.53Delivery of proofs and details of claims
- Chapter 10: Inspection of documents, copies and provision of information
- 1.54Right to copies of documents
- 1.55Charges for copies of documents provided by the office-holder
- 1.56Offence in relation to inspection of documents
- 1.57Right to list of creditors
- 1.58Confidentiality of documents: grounds for refusing inspection
- Part 1A: MORATORIUMS
- CHAPTER 1Preliminary
- 1A.1Application of Part 1A
- CHAPTER 2Obtaining moratorium by filing notice at court
- 1A.2Application of Chapter
- 1A.3Obtaining a moratorium by filing documents at court (section A3): notice of filing
- 1A.4The relevant documents: contents and requirements (section A6)
- 1A.5The relevant documents: further requirements relating to the proposed monitor’s statement and consent to act (section A6(1)(b))
- 1A.6Directions
- CHAPTER 3Obtaining a moratorium by application to the court
- 1A.7Application of Chapter
- 1A.8Moratorium application (sections A4 and A5)
- 1A.9The relevant documents: contents and requirements (section A6)
- 1A.10The relevant documents: further requirements relating to the monitor’s statement and consent to act (section A6(1)(b))
- CHAPTER 4Obligations to notify where moratorium comes into force
- 1A.11Notice given by court where moratorium comes into force:
- 1A.12Notice given by monitor where moratorium comes into force: standard contents and requirements
- CHAPTER 5Extending moratorium by filing notice with the court
- 1A.13Application of Chapter
- 1A.14Extending a moratorium by filing notice with the court (sections A10 and A11): notice of extension
- 1A.15Documents filed with the court under sections A10(1) or A11(1) of the Act: contents and requirements
- 1A.16Directions
- CHAPTER 6Extending moratorium by application to the court
- 1A.17Application of Chapter
- 1A.18Extending a moratorium by application to the court (section A13)
- 1A.19Documents filed with the court under section A13(2): contents and requirements
- CHAPTER 7Notices about change in the end of moratorium
- 1A.20Notification by directors to the monitor under section A17(1) of the Act: contents and requirements
- 1A.21Notification by the monitor to the relevant persons under sections A17(2) or (3) of the Act: contents and requirements
- CHAPTER 8Notification by directors of insolvency proceedings
- 1A.22Notification by directors to the monitor of insolvency proceedings (section A24)
- CHAPTER 9Termination of moratorium by monitor
- 1A.23Notice bringing moratorium to an end (section A38)
- 1A.24Debts that are to be disregarded for the purposes of section A38(1)(d) of the Act
- CHAPTER 10Replacement of monitor or appointment of additional monitor
- 1A.25Replacement of monitor or appointment of additional monitor, monitor’s statement and consent to act: contents and requirements (section A39(4))
- 1A.26Notice to be given by monitor of replacement of monitor or appointment of additional monitor (section A39(8))
- CHAPTER 11Challenges to monitor remuneration
- 1A.27Challenges to monitor remuneration in subsequent insolvency proceedings
- CHAPTER 12Applications to court
- 1A.28Application of Chapter
- 1A.29Procedure for filing of application
- 1A.30Service of the application
- 1A.31Notice of opposition
- 1A.32Notice where the court grants permission under section A31 or A32
- Part 2: COMPANY VOLUNTARY ARRANGEMENTS (CVA)
- Chapter 1: Preliminary
- 2.1Interpretation
- 2The proposal for a CVA (section 1)
- 2.2Proposal for a CVA: general principles and amendment
- 2.3Proposal: contents
- 3Procedure for a CVA without a moratorium
- 2.4Procedure for proposal where the nominee is not the liquidator or the administrator (section 2)
- 2.5Information for the official receiver
- 2.6Statement of affairs (section 2(3))
- 2.7Application to omit information from statement of affairs delivered to creditors
- 2.8Additional disclosure for assistance of nominee where the nominee is not the liquidator or administrator
- 2.9Nominee's report on proposal where the nominee is not the liquidator or administrator (section 2(2))
- 2.10Replacement of nominee (section 2(4))
- 4Procedure for a CVA with a moratorium
- 2.11Statement of affairs (paragraph 6(1)(b) of Schedule A1) Repealed
- 2.12Application to omit information from a statement of affairs Repealed
- 2.13The nominee's statement (paragraph 6(2) of Schedule A1) Repealed
- 2.14Documents filed with court to obtain a moratorium (paragraph 7(1) of Schedule A1) Repealed
- 2.15Notice and advertisement of beginning of a moratorium Repealed
- 2.16Notice of continuation of a moratorium where physical meeting of creditors is summoned (paragraph 8(3B) of Schedule A1) Repealed
- 2.17Notice of decision extending or further extending a moratorium (paragraph 36 of Schedule A1) Repealed
- 2.18Notice of court order extending or further extending or continuing or renewing a moratorium (paragraph 34(2) of Schedule A1) Repealed
- 2.19Advertisement of end of a moratorium (paragraph 11(1) of Schedule A1) Repealed
- 2.20Disposal of charged property etc. during a moratorium Repealed
- 2.21Withdrawal of nominee's consent to act (paragraph 25(5) of Schedule A1) Repealed
- 2.22Application to the court to replace the nominee (paragraph 28 of Schedule A1) Repealed
- 2.23Notice of appointment of replacement nominee Repealed
- 2.24Applications to court to challenge nominee's actions etc. (paragraphs 26 and 27 of Schedule A1) Repealed
- 5Consideration of the proposal by the company members and creditors
- 2.25Consideration of proposal: common requirements (section 3)
- 2.26Members' consideration at a meeting
- 2.27Creditors' consideration by a decision procedure
- 2.28Timing of decisions on proposal
- 2.29Creditors' approval of modified proposal Repealed
- 2.30Notice of members' meeting and attendance of officers
- 2.31Requisition of physical meeting by creditors
- 2.32Non-receipt of notice by members
- 2.33Proposal for alternative supervisor
- 2.34Chair at meetings
- 2.35Members' voting rights
- 2.36Requisite majorities of members
- 2.37Notice of order made under section 4A(6) ...
- 2.38Report of consideration of proposal under section 4(6) and (6A) ...
- 6Additional matters concerning and following approval of CVA
- 2.39Hand-over of property etc. to supervisor
- 2.40Revocation or suspension of CVA
- 2.41Supervisor's accounts and reports
- 2.42Production of accounts and records to the Secretary of State
- 2.43Fees and expenses
- 2.44Termination or full implementation of CVA
- 7Time recording information
- 2.45Provision of information
- Part 3: ADMINISTRATION
- 1Interpretation for this Part
- 3.1Interpretation for Part 3
- 3.2Proposed administrator's statement and consent to act
- 2Appointment of administrator by Court
- 3.3Administration application (paragraph 12 of Schedule B1)
- 3.4Administration application made by the directors
- 3.5Administration application by the supervisor of a CVA
- 3.6Witness statement in support of administration application
- 3.7Filing of application
- 3.8Service of application
- 3.9Notice to enforcement agents charged with distress or other legal process, etc.
- 3.10Notice of other insolvency proceedings
- 3.11Intervention by holder of qualifying floating charge (paragraph 36(1)(b) of Schedule B1)
- 3.12The hearing
- 3.13The order
- 3.14Order on an application under paragraph 37 or 38 of Schedule B1
- 3.15Notice of administration order
- 3Appointment of administrator by holder of floating charge
- 3.16Notice of intention to appoint
- 3.17Notice of appointment
- 3.18Filing of notice with the court
- 3.19Appointment by floating charge holder after administration application made
- 3.20Appointment taking place out of court business hours: procedure
- 3.21Appointment taking place out of court business hours: content of notice
- 3.22Appointment taking place out of court business hours: legal effect
- 4Appointment of administrator by company or directors
- 3.23Notice of intention to appoint
- 3.24Notice of appointment after notice of intention to appoint
- 3.25Notice of appointment without prior notice of intention to appoint
- 3.26Notice of appointment: filing with the court
- 5Notice of administrator's appointment
- 3.27Publication of administrator's appointment
- 6Statement of affairs
- 3.28Interpretation
- 3.29Rule 3.29
- 3.30Rule 3.30
- 3.31Statement of affairs: statement of concurrence
- 3.32Statement of affairs: filing
- 3.33Statement of affairs: release from requirement and extension of time
- 3.34Statement of affairs: expenses
- 7Administrator's proposals
- 3.35Administrator's proposals: additional content
- 3.36Administrator's proposals: statement of pre-administration costs
- 3.37Advertising administrator's proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1)
- 3.38Seeking approval of the administrator's proposals
- 3.39Invitation to creditors to form a creditors' committee
- 3.40Notice of extension of time to seek approval
- 3.41Notice of the creditors' decision on the administrator's proposals (paragraph 53(2))
- 3.42Administrator's proposals: revision
- 3.43Notice of result of creditors' decision on revised proposals (paragraph 54(6))
- 8Limited disclosure of statements of affairs and proposals
- 3.44Application of Chapter
- 3.45Orders limiting disclosure of statement of affairs etc.
- 3.46Order for disclosure by administrator
- 3.47Rescission or amendment of order for limited disclosure
- 3.48Publication etc. of statement of affairs or statement of proposals
- 9Disposal of charged property
- 3.49Disposal of charged property
- 10Expenses of the Administration
- 3.50Expenses
- 3.51Order of priority
- 3.51APriority of moratorium debts in subsequent administration
- 3.52Pre-administration costs
- 11Extension and ending of administration
- 3.53Interpretation
- 3.54Application to extend an administration and extension by consent (paragraph 76(2) of Schedule B1)
- 3.55Notice of automatic end of administration (paragraph 76 of Schedule B1)
- 3.56Notice of end of administration when purposes achieved (paragraph 80(2) of Schedule B1)
- 3.57Administrator's application for order ending administration (paragraph 79 of Schedule B1)
- 3.58Creditor's application for order ending administration (paragraph 81 of Schedule B1)
- 3.59Notice by administrator of court order
- 3.60Rule 3.60
- 3.61Moving from administration to dissolution (paragraph 84 of Schedule B1)
- 12Replacing the administrator
- 3.62Grounds for resignation
- 3.63Notice of intention to resign
- 3.64Notice of resignation (paragraph 87 of Schedule B1)
- 3.65Application to court to remove administrator from office
- 3.66Notice of vacation of office when administrator ceases to be qualified to act
- 3.67Deceased administrator
- 3.68Application to replace
- 3.69Appointment of replacement or additional administrator
- 3.70Administrator's duties on vacating office
- 4RECEIVERSHIP
- 1Appointment of joint receivers or managers to whom Part 3 of the Act applies (other than those appointed under section 51 (Scottish receiverships))
- 4.1Receivers or managers appointed under an instrument: acceptance of appointment (section 33)
- 2Administrative receivers (other than in Scottish receiverships)
- 4.2Application of Chapter 2
- 4.3Interpretation
- 4.4Administrative receiver's security
- 4.5Publication of appointment of administrative receiver (section 46(1))
- 4.6Rule 4.6
- 4.7Rule 4.7
- 4.8Statement of affairs: statement of concurrence
- 4.9Statement of affairs: retention by administrative receiver
- 4.10Statement of affairs: release from requirement and extension of time (section 47(5))
- 4.11Statement of affairs: expenses
- 4.12Limited disclosure
- 4.13Administrative receiver's report to the registrar of companies and secured creditors (section 48(1))
- 4.14Copy of report for unsecured creditors (section 48(2))
- 4.15Invitation to creditors to form a creditors' committee
- 4.16Disposal of charged property (section 43(1))
- 4.17Summary of receipts and payments
- 4.18Resignation
- 4.19Deceased administrative receiver
- 4.20Other vacation of office
- 4.21Notice to registrar of companies (section 45(4))
- 3Non-administrative receivers and the prescribed part
- 4.22Application of Chapter 3
- 4.23Report to creditors
- 4.24Receiver to deal with prescribed part
- Part 5: MEMBERS' VOLUNTARY WINDING UP
- 1Statutory declaration of solvency (section 89)
- 5.1Rule 5.1
- 2The liquidator
- 5.2Appointment by the company
- 5.3Meetings in members' voluntary winding up of authorised deposit-takers
- 5.4Appointment by the court (section 108)
- 5.5Cost of liquidator's security (section 390(3))
- 5.6Liquidator's resignation
- 5.7Removal of liquidator by the court
- 5.8Removal of liquidator by company meeting
- 5.9Delivery of proposed final account to members (section 94)
- 5.10Final account prior to dissolution (section 94)
- 5.11Deceased liquidator
- 5.12Loss of qualification as insolvency practitioner
- 5.13Liquidator's duties on vacating office
- 5.14Application by former liquidator to the Secretary of State for release (section 173(2)(b))
- 5.15Power of court to set aside certain transactions entered into by liquidator
- 5.16Rule against improper solicitation by or on behalf of the liquidator
- 3Special manager
- 5.17Application for and appointment of special manager (section 177)
- 5.18Security
- 5.19Failure to give or keep up security
- 5.20Accounting
- 5.21Termination of appointment
- Chapter 4: Conversion to creditors' voluntary winding up
- 5.22Statement of affairs (section 95(3))
- Part 6: CREDITORS' VOLUNTARY WINDING UP
- Chapter 1: Application of Part 6
- 6.1Application of Part 6
- 2Statement of affairs and other information
- 6.2Rule 6.2
- 6.3Rule 6.3
- 6.4Additional requirements as to statements of affairs
- 6.5Statement of affairs: statement of concurrence
- 6.6Order limiting disclosure of statement of affairs etc.
- 6.7Expenses of statement of affairs and decisions sought from creditors
- 6.8Delivery of accounts to liquidator (section 235)
- 6.9Expenses of assistance in preparing accounts
- 3Nomination and appointment of liquidators and information to creditors
- 6.10Application of the rules in this Chapter
- 6.11Nomination of liquidator and information to creditors on conversion from members' voluntary winding up (section 96)
- 6.12Creditors' decision on appointment other than at a meeting (conversion from members' voluntary winding up)
- 6.13Information to creditors and contributories (conversion of members' voluntary winding up into creditors' voluntary winding up)
- 6.14Information to creditors and appointment of liquidator
- 6.15Information to creditors and contributories
- 6.16Further information where administrator becomes liquidator (paragraph 83(3) of Schedule B1)
- 6.17Report by director etc.
- 6.18Decisions on nomination
- 6.19Invitation to creditors to form a liquidation committee
- 4The liquidator
- 6.20Appointment by creditors or by the company
- 6.21Power to fill vacancy in office of liquidator
- 6.22Appointment by the court (section 100(3) or 108)
- 6.23Advertisement of appointment
- 6.23AAdditional requirements as to advertisement where moratorium under Part A1 of the Act in force
- 6.24Cost of liquidator's security (section 390(3))
- 6.25Liquidator's resignation and replacement
- 6.26Removal of liquidator by creditors
- 6.27Removal of liquidator by the court
- 6.28Final account prior to dissolution (section 106)
- 6.29Deceased liquidator
- 6.30Loss of qualification as insolvency practitioner
- 6.31Vacation of office on making of winding-up order
- 6.32Liquidator's duties on vacating office
- 6.33Application by former liquidator for release (section 173(2)(b))
- 6.34Power of court to set aside certain transactions
- 6.35Rule against improper solicitation
- 6.36Permission for exercise of powers by liquidator
- 5Special Manager
- 6.37Application for and appointment of special manager (section 177)
- 6.38Security
- 6.39Failure to give or keep up security
- 6.40Accounting
- 6.41Termination of appointment
- Chapter 6: Priority of payment of costs and expenses, etc.
- 6.42General rule as to priority
- 6.42APriority of moratorium debts in subsequent winding up
- 6.43Saving for powers of the court
- 7Litigation expenses and property subject to a floating charge
- 6.44Interpretation
- 6.45Requirement for approval or authorisation
- 6.46Request for approval or authorisation
- 6.47Grant of approval or authorisation
- 6.48Application to the court by the liquidator
- Part 7: WINDING UP BY THE COURT
- Chapter 1: Application of Part
- 7.1Application of Part 7
- Chapter 2: The statutory demand (sections 123(1)(a) and 222(1)(a))
- 7.2Interpretation
- 7.3The statutory demand
- 3Petition for winding-up order
- 7.4Application of this Chapter
- 7.5Contents of petition
- 7.6Verification of petition
- 7.7Petition: presentation and filing
- 7.8Court to which petition is to be presented where the company is subject to a CVA or is in administration
- 7.9Copies of petition to be served on company or delivered to other persons
- 7.10Notice of petition
- 7.11Persons entitled to request a copy of petition
- 7.12Certificate of compliance
- 7.13Permission for the petitioner to withdraw
- 7.14Notice by persons intending to appear
- 7.15List of appearances
- 7.16Witness statement in opposition
- 7.17Substitution of creditor or contributory for petitioner
- 7.18Order for substitution of petitioner
- 7.19Notice of adjournment
- 7.20Order for winding up by the court
- 7.21Notice to official receiver of winding-up order
- 7.22Delivery and notice of the order
- 7.23Petition dismissed
- 7.24Injunction to restrain presentation or notice of petition
- 4Petition by a contributory or a relevant office-holder
- 7.25Interpretation and application of rules in Chapter 3
- 7.26Contents of petition for winding-up order by a contributory
- 7.27Petition presented by a relevant office-holder
- 7.28Verification of petition
- 7.29Presentation and service of petition
- 7.30Request to appoint former administrator or supervisor as liquidator (section 140)
- 7.31Hearing of petition
- 7.32Order for winding up by the court of a company in administration or where there is a supervisor of a CVA in relation to the company
- 5Provisional liquidator
- 7.33Application for appointment of provisional liquidator (section 135)
- 7.34Deposit by applicant
- 7.35Order of appointment of provisional liquidator
- 7.36Notice of appointment of provisional liquidator
- 7.37Security
- 7.38Remuneration
- 7.39Termination of appointment
- 6Statement of affairs and other information
- 7.40Notice requiring statement of affairs (section 131)
- 7.41Statement of affairs
- 7.42Statement of affairs: statement of concurrence
- 7.43Order limiting disclosure of statement of affairs etc.
- 7.44Release from duty to submit statement of affairs: extension of time (section 131)
- 7.45Statement of affairs: expenses
- 7.46Delivery of accounts to official receiver
- 7.47Further disclosure
- 7Reports and information to creditors and contributories
- 7.48Reports by official receiver
- 7.49Reports by official receiver: estimate of prescribed part
- 7.50Further information where winding up follows administration
- 7.51Notice of stay of winding up
- 8The liquidator
- 7.52Choosing a person to be liquidator
- 7.53Appointment of liquidator by creditors or contributories
- 7.54Decision on nomination
- 7.55Invitation to creditors and contributories to form a liquidation committee
- 7.56Appointment by the court
- 7.57Appointment by the Secretary of State
- 7.58Cost of liquidator's security (section 390(3))
- 7.59Appointment to be gazetted and notice given to registrar of companies
- 7.60Hand-over of assets by official receiver to liquidator
- 7.61Liquidator's resignation
- 7.62Notice to official receiver of intention to vacate office
- 7.63Decision of creditors to remove liquidator
- 7.64Procedure on removal by creditors
- 7.65Removal of liquidator by the court (section 172(2))
- 7.66Removal of liquidator by the Secretary of State (section 172(4))
- 7.67Deceased liquidator
- 7.68Loss of qualification as insolvency practitioner
- 7.69Application by liquidator for release (section 174(4)(b) or (d))
- 7.70Release of official receiver
- 7.71Final account prior to dissolution (section 146)
- 7.72Relief from, or variation of, duty to report
- 7.73Liquidator's duties on vacating office
- 7.74Power of court to set aside certain transactions
- 7.75Rule against improper solicitation
- 9Duties and powers of liquidator
- 7.76General duties of liquidator
- 7.77Permission for exercise of powers by liquidator
- 7.78Enforced delivery up of company's property (section 234)
- 10Settlement of list of contributories
- 7.79Delegation to liquidator of power to settle list of contributories
- 7.80Duty of liquidator to settle list (section 148)
- 7.81Contents of list
- 7.82Procedure for settling list
- 7.83Application to court for variation of the list
- 7.84Variation of, or addition to, the list
- 7.85Costs of applications to vary etc. the list of contributories
- 11Calls on contributories
- 7.86Making of calls by the liquidator (sections 150 and 160)
- 7.87Sanction of the liquidation committee for making a call
- 7.88Application to court for permission to make a call (sections 150 and 160)
- 7.89Order giving permission to make a call
- 7.90Making and enforcement of the call
- 7.91Court order to enforce payment of call by a contributory
- 12Special manager
- 7.92Application of this Chapter and interpretation
- 7.93Appointment and remuneration of special manager (section 177)
- 7.94Security
- 7.95Failure to give or keep up security
- 7.96Accounting
- 7.97Termination of appointment
- 13Public examination of company officers and others (section 133)
- 7.98Applications relating to promoters, past managers etc. (section 133(1)(c))
- 7.99Request by a creditor for a public examination (section 133(2))
- 7.100Request by a contributory for a public examination
- 7.101Further provisions about requests by a creditor or contributory for a public examination
- 7.102Order for public examination
- 7.103Notice of the public examination
- 7.104Examinee unfit for examination
- 7.105Procedure at public examination
- 7.106Rule 7.106
- 7.107Expenses of examination
- Chapter 14: Priority of payment of costs and expenses, etc.
- 7.108General rule as to priority
- 7.108APriority of moratorium debts in subsequent winding up
- 7.109Winding up commencing as voluntary
- 7.110Saving for powers of the court (section 156)
- 15Litigation expenses and property subject to a floating charge
- 7.111Interpretation
- 7.112Priority of litigation expenses
- 7.113Requirement for approval or authorisation of litigation expenses
- 7.114Requests for approval or authorisation
- 7.115Grant of approval or authorisation
- 7.116Application to the court by the liquidator
- 16MISCELLANEOUS RULES
- Sub-division A: Return of capital
- 7.117Application to court for order authorising return of capital
- 7.118Procedure for return
- Sub-division B: Dissolution after winding up
- 7.119Secretary of State's directions under sections 203 and 205 and appeal
- Part 8: INDIVIDUAL VOLUNTARY ARRANGEMENTS (IVA)
- Chapter 1: Preliminary
- 8.1Interpretation
- 2Preparation of the debtor's proposal for an IVA
- 8.2Proposal for an IVA: general principles and amendment
- 8.3Proposal: contents
- 8.4Notice of nominee's consent
- 8.5Statement of affairs (section 256 and 256A)
- 8.6Application to omit information from statement of affairs delivered to creditors
- 8.7Additional disclosure for assistance of nominee
- 3Cases in which an application for an interim order is made
- 8.8Application for interim order
- 8.9Court in which application is to be made
- 8.10Order granting a stay
- 8.11Hearing of the application
- 8.12The interim order
- 8.13Action to follow making of an interim order
- 8.14Order extending period of an interim order (section 256(4))
- 8.15Nominee's report on the proposal
- 8.16Order extending period of interim order to enable the creditors to consider the proposal (section 256(5))
- 8.17Replacement of the nominee (section 256(3))
- 8.18Consideration of the nominee's report
- 4Cases where no interim order is to be obtained
- 8.19Nominee's report (section 256A)
- 8.20Court or hearing centre to which applications must be made where no interim order
- 8.21Replacement of the nominee (section 256A(4))
- 5Consideration of the proposal by the creditors
- 8.22Consideration of the proposal
- 8.23Proposals for an alternative supervisor
- 8.24Report of the creditors' consideration of a proposal
- 6Action following approval of an IVA
- 8.25Hand-over of property, etc. to supervisor
- 8.26Report to the Secretary of State of the approval of an IVA
- 8.27Revocation or suspension of an IVA (section 262)
- 8.28Supervisor's accounts and reports
- 8.29Production of accounts and records to the Secretary of State
- 8.30Fees and expenses
- 8.31Termination or full implementation of the IVA
- 7Applications to annul bankruptcy orders under sections 261(2)(a) and (b)
- 8.32Application by the bankrupt to annul the bankruptcy order (section 261(2)(a))
- 8.33Application by the official receiver to annul the bankruptcy order (section 261(2)(b))
- 8.34Order annulling bankruptcy
- 8.35Notice of order
- 8.36Advertisement of order
- 8.37Trustee's final account
- 8Time recording information
- 8.38Provision of information
- Part 9: DEBT RELIEF ORDERS
- 1Interpretation
- 9.1Debtor's family
- 9.2Excluded debts
- 2Application for a debt relief order
- 9.3Application for a debt relief order: information required in the application
- 9.4Delivery of application
- 9.5Role of approved intermediary
- Chapter 3: Verifying the application and determining the debtor's income and property
- 9.6Prescribed verification checks: conditions in paragraphs 1 to 8 of Schedule 4ZA of the Act
- 9.7Determination of debtor's monthly surplus income
- 9.8Determination of value of the debtor's property (paragraph 8 of Schedule 4ZA)
- 9.9Property to be excluded in determining the value of a debtor's property
- 4Making or refusal of a debt relief order
- 9.10Contents of debt relief order
- 9.11Other steps to be taken by official receiver or debtor upon making of the order
- 9.12Prescribed information for creditors on making of debt relief order
- 9.13Refusal of application for debt relief order
- 5Objection and revocation
- 9.14Meaning of “creditor”
- 9.15Creditor's objection to a debt relief order (section 251K)
- 9.16Official receiver's response to objection under section 251K
- 9.17Creditor's request that a debt relief order be revoked (section 251L(4))
- 9.18Procedure in revoking or amending a debt relief order (section 251L)
- 9.19Debtor's notification of official receiver of matters in section 251J(3) or (5)
- 9.20Death of debtor during a moratorium period under a debt relief order
- 6Applications to the court
- 9.21Notice of application to court under section 251M
- 9.22Court in which applications under sections 251M or 251N are to be made
- 9.23Creditor's bankruptcy petition: creditor consents to making application for a debt relief order
- 9.24Extension of moratorium period
- 7Permission to act as a director, etc.
- 9.25Application for permission under the Company Directors Disqualification Act 1986
- 9.26Report of official receiver
- 9.27Court's order on application
- Part 10: BANKRUPTCY
- 1The statutory demand
- 10.1The statutory demand (section 268)
- 10.2Service of statutory demand
- 10.3Proof of service of statutory demand
- 10.4Application to set aside statutory demand
- 10.5Hearing of application to set aside
- Chapter 2: CREDITORS' BANKRUPTCY PETITIONS
- Preliminary
- 10.6Application and interpretation
- 10.7Contents of petition
- 10.8Identification of debtor
- 10.9Identification of debt
- 10.10Verification of petition
- 10.11Court in which petition is to be presented
- 10.12Procedure for presentation and filing of petition
- 10.13Application to Chief Land Registrar to register petition
- 10.14Service of petition and delivery of copies
- 10.15Death of debtor before service
- 10.16Amendment of petition
- 10.17Security for costs
- 10.18Debtor's notice of opposition to petition
- 10.19Notice by persons intending to appear
- 10.20List of appearances
- 10.21Hearing of petition
- 10.22Postponement of hearing
- 10.23Adjournment of the hearing
- 10.24Decision on the hearing
- 10.25Vacating registration on withdrawal of petition
- 10.26Non-appearance of petitioning creditor
- 10.27Substitution of petitioner
- 10.28Order for substitution of petitioner
- 10.29Change of carriage of petition
- 10.30Rule 10.30
- 10.31Contents of bankruptcy order
- 10.32Delivery and notice of the order
- 10.33Application to Chief Land Registrar to register bankruptcy order
- 3Debtors' bankruptcy applications
- 10.34Preliminary
- 10.35Bankruptcy application for a bankruptcy order
- 10.36Procedure for making a bankruptcy application and communication with the adjudicator
- 10.37Application to the Chief Land Registrar to register a bankruptcy application
- 10.38Verification checks
- 10.39Determination of the bankruptcy application
- 10.40The determination period
- 10.41Settlement and contents of bankruptcy order
- 10.42Refusal to make a bankruptcy order and contents of notice of refusal
- 10.43Review of refusal to make a bankruptcy order
- 10.44Appeal to the court following a review of refusal to make a bankruptcy order
- 10.45Action to follow making of order
- 10.46Application to the Chief Land Registrar
- 10.47The bankruptcy file
- 10.48Court to which applications are to be made
- 4The interim receiver
- 10.49Application for appointment of interim receiver (section 286)
- 10.50Deposit
- 10.51Order of appointment
- 10.52Security
- 10.53Remuneration
- 10.54Termination of appointment
- 5Disclosure of the bankrupt's affairs
- Sub-division A: creditor's petition
- 10.55Notice requiring statement of affairs (section 288)
- 10.56Statement of affairs
- 10.57Limited disclosure
- 10.58Requirement to submit statement of affairs and extension of time (section 288(3))
- 10.59Expenses of assisting bankrupt to prepare statement of affairs
- 10.60Delivery of accounts to official receiver
- 10.61Further disclosure
- Sub-division B: Bankruptcy application
- 10.62Preliminary
- 10.63Delivery of accounts to official receiver
- 10.64Expenses of preparing accounts
- 10.65Further disclosure
- Sub-division C: Reports by the official receiver
- 10.66Reports by the official receiver
- 6THE TRUSTEE IN BANKRUPTCY
- Sub-division A: appointment and associated formalities
- 10.67Appointment by creditors of new trustee
- 10.68Certification of appointment
- 10.69Cost of the trustee's security (section 390(3))
- 10.70Creditors' decision to appoint a trustee
- 10.71Appointment by the court (section 291A(2))
- 10.72Appointment by the Secretary of State
- 10.73Authentication of trustee's appointment
- 10.74Appointment to be gazetted
- 10.75Hand-over of bankrupt's estate by official receiver to trustee
- 10.76Invitation to creditors to form a creditors' committee
- Sub-division B: resignation and removal
- 10.77Trustee's resignation and appointment of replacement (section 298(7))
- 10.78Decision of creditors to remove trustee (section 298(1))
- 10.79Procedure on removal by creditors
- 10.80Removal of trustee by the court (section 298(1))
- 10.81Removal of trustee by the Secretary of State (section 298(5))
- 10.82Notice of resignation or removal
- 10.83Release of removed trustee (section 299)
- 10.84Deceased trustee
- 10.85Loss of qualification as insolvency practitioner (section 298(6))
- Sub-division C: release on completion of administration of bankrupt's estate
- 10.86Release of official receiver on completion of administration (section 299)
- 10.87Vacation of office on completion of bankruptcy (sections 298(8) and 331)
- 10.88Rule as to reporting
- 10.89Notice to official receiver of intention to vacate office
- 10.90Trustee's duties on vacating office
- 10.91Power of the court to set aside certain transactions
- 10.92Rule against improper solicitation
- 10.93Enforcement of trustee's obligations to official receiver (section 305(3))
- 7Special manager
- 10.94Rule 10.94
- 10.95Security
- 10.96Failure to give or keep up security
- 10.97Accounting
- 10.98Termination of appointment
- 8Public examination of bankrupt
- 10.99Rule 10.99
- 10.100Notice of public examination
- 10.101Order for public examination requested by creditors
- 10.102Rule 10.102
- 10.103Procedure at public examination
- 10.104Rule 10.104
- 10.105Expenses of examination
- Chapter 9: Replacement of exempt property
- 10.106Purchase of replacement property
- 10.107Money provided in lieu of sale
- 10Income payments orders
- 10.108Interpretation
- 10.109Application for income payments order (section 310)
- 10.110Order for income payments order
- 10.111Action to follow making of order
- 10.112Variation of order
- 10.113Order to payer of income: administration
- 10.114Review of order
- 11Income payments agreements
- 10.114AInterpretation
- 10.115Approval of income payments agreements
- 10.116Acceptance of income payments agreements
- 10.117Variation of income payments agreements
- 12Applications for production of documents by Her Majesty's Revenue and Customs (section 369)
- 10.118Application for order
- 10.119Making and service of the order
- 10.120Custody of documents
- 13Mortgaged property
- 10.121Interpretation
- 10.122Claim by mortgagee of land
- 10.123Power of court to order sale
- 10.124Proceeds of sale
- Chapter 14: After-acquired property
- 10.125Duties of bankrupt in relation to after-acquired property
- 10.126Trustee's recourse to person to whom property disposed
- 15Permission to act as director, etc.
- 10.127Interpretation
- 10.128Application for permission
- 10.129Report of official receiver
- 10.130Court's order on application
- 10.131Costs under this Chapter
- 16Annulment of bankruptcy order
- 10.132Application for annulment
- 10.133Report by trustee
- 10.134Applicant's claim that remuneration or expenses are excessive
- 10.135Power of court to stay proceedings
- 10.136Notice to creditors who have not proved
- 10.137The hearing
- 10.138Matters to be proved under section 282(1)(b)
- 10.139Notice to creditors
- 10.140Other matters arising on annulment
- 10.141Trustee's final account
- 17Discharge
- 10.142Application for suspension of discharge
- 10.143Lifting of suspension of discharge
- 10.144Certificate of discharge from bankruptcy order made otherwise than on a bankruptcy application
- 10.145Certificate of discharge from bankruptcy order made on a bankruptcy application
- 10.146Rule 10.146
- 10.147Costs under this Chapter
- 18Priority of payment of costs etc. out of the bankrupt's estate
- 10.148Expenses
- 10.149General rule as to priority
- 19Second bankruptcy
- 10.150Rule 10.150
- 10.151General duty of existing trustee
- 10.152Delivery up to later trustee
- 10.153Existing trustee's expenses
- 20Criminal bankruptcy
- 10.153AApplication
- 10.154Contents of petition
- 10.155Status and functions of Official Petitioner
- 10.156Interim receivership
- 10.157Proof of bankruptcy debts and notice of order
- 10.158Rules not applying in criminal bankruptcy
- 10.159Annulment of criminal bankruptcy order
- 10.160Application by bankrupt for discharge
- 10.161Report of official receiver
- 10.162Order of discharge
- 10.163Deferment of issue of order pending appeal
- 10.164Costs under this Chapter
- 21Miscellaneous rules in bankruptcy
- 10.165Amendment of title of proceedings
- 10.166Application for redirection order
- 10.167Bankrupt's home: property falling within section 283A
- 10.168Application in relation to the vesting of an interest in a dwelling-house (registered land)
- 10.169Vesting of bankrupt's interest (unregistered land)
- 10.170Rule 10.170
- 10.171Charging order
- Part 11: BANKRUPTCY AND DEBT RELIEF RESTRICTIONS ORDERS AND UNDERTAKINGS AND THE INSOLVENCY REGISTERS
- Chapter 1: Interpretation
- 11.1References to the Secretary of State
- 2Bankruptcy and debt relief restrictions orders (Schedules 4ZB and 4A)
- 11.2Application for a bankruptcy or debt relief restrictions order
- 11.3Service of the application on the bankrupt or debtor
- 11.4The bankrupt's or debtor's evidence opposing an application
- 11.5Making a bankruptcy or debt relief restrictions order
- 3Interim bankruptcy and debt relief restrictions orders
- 11.6Application for an interim bankruptcy or debt relief restrictions order
- 11.7Making an interim bankruptcy or debt relief restrictions order
- 11.8Application to set aside an interim order
- 11.9Order setting aside an interim order
- 4Bankruptcy restrictions and debt relief restrictions undertakings
- 11.10Acceptance of a bankruptcy restrictions or a debt relief restrictions undertaking
- 11.11Notification
- 11.12Application to annul a bankruptcy restrictions or a debt relief restrictions undertaking
- Chapter 5: Insolvency Registers: General
- 11.13Maintenance of the registers and inspection
- Chapter 6: Individual insolvency register
- 11.14Entry of information on the individual insolvency register: IVAs
- 11.15Deletion of information from the individual insolvency register: IVAs
- 11.16Entry of information on to the individual insolvency register: bankruptcy orders
- 11.17Deletion of information from the individual insolvency register: bankruptcy orders
- 11.18Entry of information on to the individual insolvency register: debt relief orders
- 11.19Deletion of information from the individual insolvency register: debt relief orders
- Chapter 7: Bankruptcy and debt relief restrictions register
- 11.20Bankruptcy restrictions and debt relief restrictions orders and undertakings: entry of information on the registers
- 11.21Deletion of information from the registers
- Chapter 8: Rectification of registers and death of persons on register
- 11.22Rectification of the registers
- 11.23Death of a person about whom information is held on a register
- Part 12: COURT PROCEDURE AND PRACTICE
- Chapter 1: General
- Application of the Civil Procedure Rules 1998
- 12.1Court rules and practice to apply
- 12.2Performance of functions by the Court
- 2Commencement of insolvency proceedings in the County Court
- 12.3Commencement of insolvency proceedings under Part A1 to 7 of the Act (corporate insolvency proceedings)
- 12.4Commencement of insolvency proceedings under Parts 7A to 11 of the Act (personal insolvency proceedings; bankruptcy)
- 12.5Allocation of proceedings to the London Insolvency District
- 3Making applications to court: general
- 12.6Preliminary
- 12.7Rule 12.7
- 12.8Fixing the venue
- 12.9Service or delivery of application
- 12.10Hearing in urgent case
- 12.11Directions
- 12.12Hearing and determination without notice
- 12.13Adjournment of the hearing of an application
- 4Making applications to court: specific applications
- Sub-division A: Applications in connection with section 176A (prescribed part)
- 12.14Applications under section 176A(5) to disapply section 176A
- 12.15Notice of application under section 176A(5)
- 12.16Notice of an order under section 176A(5)
- Sub-division B: Applications for private examination (sections 236, 251N and 366)
- 12.17Application of this sub-division and interpretation
- 12.18Contents of application
- 12.19Order for examination etc.
- 12.20Procedure for examination
- 12.21Record of examination
- 12.22Costs of proceedings under sections 236, 251N and 366
- Sub-division C – persons unable to manage own property or affairs
- 12.23Application and interpretation
- 12.24Appointment of another person to act
- 12.25Witness statement in support of application
- 12.26Service of notices following appointment
- 5Obtaining information and evidence
- 12.27Further information and disclosure
- 12.28Witness statements and reports
- 12.29Evidence provided by the official receiver, an insolvency practitioner or a special manager
- 6Transfer of proceedings
- Sub-division A : General
- 12.30General power of transfer
- 12.31Proceedings commenced in the wrong court
- 12.32Applications for transfer
- 12.33Procedure following order for transfer
- 12.34Consequential transfer of other proceedings
- Sub-division B : Block transfer of cases where insolvency practitioner has died etc.
- 12.35Interpretation
- 12.36Power to make a block transfer order
- 12.37Application for a block transfer order
- 12.38Action following application for a block transfer order
- 7The court file
- 12.39The court file
- 12.40Office copies of documents
- 8Costs
- 12.41Application of Chapter and interpretation
- 12.42Requirement to assess costs by the detailed procedure
- 12.43Procedure where detailed assessment is required
- 12.44Costs of officers charged with execution of writs or other process
- 12.45Petitions presented by insolvent companies
- 12.46Costs paid otherwise than out of the insolvent estate
- 12.47Awards of costs against an office-holder, the adjudicator or the official receiver
- 12.48Applications for costs
- 12.49Costs and expenses of petitioners and other specified persons
- 12.50Final costs certificate
- 9Enforcement procedures
- 12.51Enforcement of court orders
- 12.52Orders enforcing compliance
- 12.53Warrants (general provisions)
- 12.54Warrants under sections 134 and 364
- 12.55Warrants under sections 236, 251N and 366
- 12.56Warrants under section 365
- 12.57Execution overtaken by judgment debtor's insolvency
- 10Appeals
- 12.58Application of Chapter
- 12.59Appeals and reviews of court orders in corporate insolvency
- 12.60Appeals in bankruptcy by the Secretary of State
- 12.61Procedure on appeal
- 12.62Appeals against decisions of the Secretary of State or official receiver
- 11Court orders, formal defects and shorthand writers
- 12.63Court orders
- 12.64Formal defects
- 12.65Shorthand writers: nomination etc.
- Part 13: OFFICIAL RECEIVERS
- 13.1Official receivers in court
- 13.2Persons entitled to act on official receiver's behalf
- 13.3Application for directions
- 13.4Official receiver's expenses
- 13.5Official receiver not to be appointed liquidator or trustee
- Part 14: CLAIMS BY AND DISTRIBUTIONS TO CREDITORS IN A MORATORIUM, ADMINISTRATION, WINDING UP AND BANKRUPTCY
- Chapter 1: Application and interpretation
- 14.1Rule 14.1
- 2Creditors' claims in a moratorium, administration, winding up and bankruptcy
- 14.2Provable debts
- 14.3Proving a debt
- 14.4Requirements for proof
- 14.5Costs of proving
- 14.6Allowing inspection of proofs
- 14.7Admission and rejection of proofs for dividend
- 14.8Appeal against decision on proof
- 14.9Office-holder not liable for costs under rule 14.8
- 14.10Withdrawal or variation of proof
- 14.11Exclusion of proof by the court
- 14.12Rule 14.12
- 14.13Rule 14.13
- 14.14Moratorium, administration and winding up: estimate of value of debt
- 14.15Secured creditor: value of security
- 14.16Secured creditor: surrender for non-disclosure
- 14.17Secured creditor: redemption by office-holder
- 14.18Secured creditor: test of security's value
- 14.19Realisation or surrender of security by creditor
- 14.20Discounts
- 14.21Debts in foreign currency
- 14.22Payments of a periodical nature
- 14.23Rule 14.23
- 14.23AMoratoriums under Part A1 of the Act: mutual dealings and set off
- 14.24Administration: mutual dealings and set-off
- 14.25Winding up: mutual dealings and set-off
- 3Distribution to creditors in administration, winding up and bankruptcy
- 14.26Application of Chapter to a particular class of creditors and to distributions
- 14.27Rule 14.27
- 14.28Gazette notice of intended first dividend or distribution
- 14.29Individual notices to creditors etc. of intended dividend or distribution
- 14.30Contents of notice of intention to declare a dividend or make a distribution
- 14.31Further contents of notice to creditors owed small debts etc.
- 14.32Admission or rejection of proofs following last date for proving
- 14.33Postponement or cancellation of dividend
- 14.34Declaration of dividend
- 14.35Notice of declaration of a dividend
- 14.36Rule 14.36
- 14.37Contents of last notice about dividend (administration, winding up and bankruptcy)
- 14.38Rule 14.38
- 14.39Rule 14.39
- 14.40Supplementary provisions as to dividends and distributions
- 14.41Secured creditors
- 14.42Disqualification from dividend
- 14.43Assignment of right to dividend
- 14.44Debt payable at future time
- 14.45Rule 14.45
- Part 15: DECISION MAKING
- Chapter 1: Application of Part
- 15.1Application of Part
- 2Decision procedures
- 15.2Interpretation
- 15.3Rule 15.3
- 15.4Electronic voting
- 15.5Virtual meetings
- 15.6Physical meetings
- 15.7Rule 15.7
- 3Notices, voting and venues for decisions
- 15.8Notices to creditors of decision procedure
- 15.9Voting in a decision procedure
- 15.10Venue for decision procedure
- 15.11Rule 15.11
- 15.12Notice of decision procedure by advertisement only
- 15.13Gazetting and advertisement of meeting
- 15.14Notice to company officers, bankrupts etc. in respect of meetings
- 15.15Non-receipt of notice of decision
- 15.16Decisions on remuneration and conduct
- 4Decision making in particular proceedings
- 15.17Decisions in winding up of authorised deposit-takers
- 5Requisitioned decisions
- 15.18Rule 15.18
- 15.19Expenses and timing of requisitioned decision
- Chapter 6: Constitution of meetings
- 15.20Quorum at meetings
- 15.21Chair at meetings
- 15.22The chair – attendance, interventions and questions
- Chapter 7: Adjournment and suspension of meetings
- 15.23Adjournment by chair
- 15.23AAdjournment of meeting in, or for the purposes of, a moratorium under Part A1 of the Act
- 15.24Adjournment of meetings to remove a liquidator or trustee
- 15.25Adjournment in absence of chair
- 15.26Proofs in adjournment
- 15.27Suspension
- 8Creditors' voting rights and majorities
- 15.28Creditors' voting rights
- 15.29Scheme manager's voting rights
- 15.30Claim made in proceedings in other member States Repealed
- 15.31Calculation of voting rights
- 15.32Calculation of voting rights: special cases
- 15.33Procedure for admitting creditors' claims for voting
- 15.34Requisite majorities
- 15.35Appeals against decisions under this Chapter
- 9Exclusions from meetings
- 15.36Action where person excluded
- 15.37Indication to excluded person
- 15.38Complaint
- Chapter 10: Contributories' voting rights and majorities
- 15.39Contributories' voting rights and requisite majorities
- Chapter 11: Records
- 15.40Record of a decision
- Chapter 12: Company meetings
- 15.41Company meetings
- 15.42Remote attendance: notification requirements
- 15.43Location of company meetings
- 15.44Action where person excluded
- 15.45Indication to excluded person
- 15.46Complaint
- 16PROXIES AND CORPORATE REPRESENTATION
- 16.1Application and interpretation
- 16.2Specific and continuing proxies
- 16.3Blank proxy
- 16.4Use of proxies
- 16.5Use of proxies by the chair
- 16.6Right of inspection and retention of proxies
- 16.7Proxy-holder with financial interest
- 16.8Rule 16.8
- 16.9Instrument conferring authorisation to represent corporation
- Part 17: CREDITORS' AND LIQUIDATION COMMITTEES
- Chapter 1: Introductory
- 17.1Scope and interpretation
- Chapter 2: Functions of a committee
- 17.2Functions of a committee
- 3Membership and formalities of formation of a committee
- 17.3Rule 17.3
- 17.4Eligibility for membership of creditors' or liquidation committee
- 17.5Establishment of committees
- 17.6Liquidation committee established by contributories
- 17.7Notice of change of membership of a committee
- 17.8Vacancies: creditor members of creditors' or liquidation committee
- 17.9Vacancies: contributory members of liquidation committee
- 17.10Resignation
- 17.11Termination of membership
- 17.12Removal
- 17.13Cessation of liquidation committee in a winding up when creditors are paid in full
- 4Meetings of Committee
- 17.14Meetings of committee
- 17.15The chair at meetings
- 17.16Quorum
- 17.17Committee-members' representatives
- 17.18Voting rights and resolutions
- 17.19Resolutions by correspondence
- 17.20Remote attendance at meetings of committee
- 17.21Procedure for requests that a place for a meeting should be specified
- 5Supply of information by the office-holder to the committee
- 17.22Rule 17.22
- 17.23Rule 17.23
- 6Miscellaneous
- 17.24Expenses of members etc.
- 17.25Dealings by committee members and others
- 17.26Dealings by committee members and others: administration and administrative receivership
- 17.27Rule 17.27
- 17.28Special rule for winding up by the court and bankruptcy: functions vested in the Secretary of State
- 7Winding up by the court following an administration
- 17.29Rule 17.29
- 18REPORTING AND REMUNERATION OF OFFICE-HOLDERS
- Chapter 1: Introductory
- 18.1Scope of Part 18 and interpretation
- 2Progress reports
- 18.2Reporting by the office-holder
- 18.3Rule 18.3
- 18.4Information about remuneration
- 18.5Information about pre-administration costs
- 18.6Progress reports in administration: timing
- 18.7Progress reports in voluntary winding up: timing
- 18.8Progress reports in winding up by the court and bankruptcy: timing
- 18.9Creditors' and members' requests for further information in administration, winding up and bankruptcy
- 18.10Administration, creditors' voluntary liquidation and compulsory winding up: reporting distribution of property to creditors under rule 14.13
- 18.11Voluntary winding up: reporting arrangement under section 110
- 18.12Members' voluntary winding up: reporting distribution to members other than under section 110
- 18.13Bankruptcy proceedings: reporting distribution of property to creditors under section 326
- 3Final accounts in winding up and final reports in bankruptcy
- 18.14Contents of final account (winding up) and final report (bankruptcy)
- 4Remuneration and expenses in administration, winding up and bankruptcy
- 18.15Application of Chapter
- 18.16Remuneration: principles
- 18.17Remuneration of joint office-holders
- 18.18Remuneration: procedure for initial determination in an administration
- 18.19Remuneration: procedure for initial determination in a members' voluntary winding up
- 18.20Remuneration: procedure for initial determination in a creditors' voluntary winding up or a winding up by the court
- 18.21Remuneration: procedure for initial determination in a bankruptcy
- 18.22Application of scale fees where creditors fail to fix the basis of the office-holder's remuneration
- 18.23Remuneration: application to the court to fix the basis
- 18.24Remuneration: administrator, liquidator or trustee seeking increase etc.
- 18.25Application for an increase etc. in remuneration: the general rule
- 18.26First exception: administrator has made a statement under paragraph 52(1)(b) of Schedule B1
- 18.27Second exception: administrator who had applied for increase etc. under rule 18.24 becomes liquidator
- 18.28Remuneration: recourse by administrator, liquidator or trustee to the court
- 18.29Remuneration: review at request of administrator, liquidator or trustee
- 18.30Remuneration: exceeding the fee estimate
- 18.31Remuneration: new administrator, liquidator or trustee
- 18.32Remuneration: apportionment of set fees
- 18.33Remuneration: variation of the application of rules 18.29, 18.30 and 18.32
- 18.34Remuneration and expenses: application to court by a creditor or member on grounds that remuneration or expenses are excessive
- 18.35Rule 18.35
- 18.36Applications under rules 18.34 and 18.35 where the court has given permission for the application
- 18.37Applications under rule 18.34 where the court's permission is not required for the application
- 18.38Remuneration of a liquidator or trustee who realises assets on behalf of a secured creditor
- 19Disclaimer in winding up and bankruptcy
- 19.1Application of this Part
- 19.2Notice of disclaimer (sections 178 and 315)
- 19.3Notice of disclaimer to interested persons (sections 178 and 315)
- 19.4Notice of disclaimer of leasehold property (sections 179 and 317)
- 19.5Notice of disclaimer in respect of a dwelling house (bankruptcy) (section 318)
- 19.6Additional notices of disclaimer
- 19.7Records
- 19.8Application for permission to disclaim in bankruptcy (section 315(4))
- 19.9Application by interested party for decision on disclaimer (sections 178(5) and 316)
- 19.10Disclaimer presumed valid and effective
- 19.11Application for exercise of court's powers under section 181 (winding up) or section 320 (bankruptcy)
- 20Debtors and their families at risk of violence: orders not to disclose current address
- 20.1Application of this Part and interpretation
- 20.2Proposed IVA (order for non-disclosure of current address)
- 20.3IVA (order for non-disclosure of current address)
- 20.4Debt relief application (order for non-disclosure of current address)
- 20.5Bankruptcy application (order for non-disclosure of current address)
- 20.6Bankruptcy and debt relief proceedings (order for non-disclosure of current address)
- 20.7Additional provisions in respect of orders under rule 20.6(4)
- 21The EU Regulation
- 21.1Interpretation for this Part Repealed
- 21.1ARule 21.1A Repealed
- 21.2Conversion into winding up proceedings or bankruptcy: application Repealed
- 21.3Conversion into winding up proceedings or bankruptcy: court order Repealed
- 21.4Confirmation of creditors' voluntary winding up: application
- 21.5Confirmation of creditors' voluntary winding up: court order
- 21.6Confirmation of creditors' voluntary winding up: notice to member State liquidator Repealed
- 21.7Proceedings in another member State: duty to give notice Repealed
- 21.8Member State liquidator: rules on creditors' participation in proceedings Repealed
- 21.9Main proceedings in England and Wales: undertaking by office-holder in respect of assets in another member State (Article 36 of the EU Regulation) Repealed
- 21.10Main proceedings in another member State: approval of undertaking offered by the member State liquidator to local creditors in the UK Repealed
- 21.11Powers of an office-holder or member State liquidator in proceedings concerning members of a group of companies (Article 60 of the EU Regulation) Repealed
- 21.12Group coordination proceedings (Section 2 of Chapter 5 of the EU Regulation) Repealed
- 21.13Group coordination order (Article 68 EU Regulation) Repealed
- 21.14Delivery of group coordination order to registrar of companies Repealed
- 21.15Office-holder’s report Repealed
- 21.16Publication of opening of proceedings by a member State liquidator Repealed
- 21.17Statement by member State liquidator that insolvency proceedings in another member State are closed etc Repealed
- 22PERMISSION TO ACT AS DIRECTOR ETC. OF COMPANY WITH A PROHIBITED NAME (SECTION 216)
- 22.1Preliminary
- 22.2Application for permission under section 216(3)
- 22.3Power of court to call for liquidator's report
- 22.4First excepted case
- 22.5Statement as to the effect of the notice under rule 22.4(2)
- 22.6Second excepted case
- 22.7Third excepted case
- Signature
- Schedule 1Revocations
- Schedule 2: Transitional and savings provisions
- 1General
- 2Requirement for office-holder to provide information to creditors on opting out
- 3Electronic communication
- 4Statements of affairs
- 5Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence
- 6Savings in respect of final meetings taking place on or after the commencement date
- 7Progress reports and statements to the registrar of companies
- 8Foreign currency
- 9CVA moratoria
- 10Priority of expenses of voluntary arrangements
- 11General powers of liquidator
- 12Fast-track voluntary arrangements
- 13First trustee in bankruptcy
- 14Applications before the court
- 15Forms
- 16Registers
- 17Administrations commenced before 15th September 2003
- 18Set-off in insolvency proceedings commenced before 1st April 2005
- 19Calculating the value of future debts in insolvency proceedings commenced before 1st April 2005
- 20Obligations arising under family proceedings where bankruptcy order is made on or before 31 March 2005
- 21Insolvency practitioner fees and expenses estimates
- 22Transitional provision for companies entering administration before 6th April 2010 and moving to voluntary liquidation between 6th April 2010 and 8th December 2017 inclusive of those dates
- Schedule 3Punishment of offences under these Rules
- Schedule 4: Service of documents
- 1Paragraph 1
- 2Service of winding-up petitions
- 3Service of administration application (paragraph 12 of Schedule B1)
- 4Service on joint office-holders
- 5Service of orders staying proceedings
- 6Certificate of service
- Table of requirements for service
- Schedule 5: Calculation of time periods
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 6: Insolvency jurisdiction of county court hearing centres
- Paragraph
- Schedule 7: Information to be provided in the bankruptcy application
- Part 1
- Debtor's personal information
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part 2
- Additional personal information
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Occupation and employment details
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Creditors
- 21Paragraph 21
- 22Paragraph 22
- Legal proceedings
- 23Paragraph 23
- 24Paragraph 24
- Assets and liabilities
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Schedule 8: Additional information to be provided in the bankruptcy application
- Part: Disposal of assets
- 1Paragraph 1
- 2Paragraph 2
- Part: Financial arrangements with creditors
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part: Legal and financial advisers
- 7Paragraph 7
- 8Paragraph 8
- Part: Business affairs of a self-employed debtor
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part: Financial affairs – assets
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Part: Financial affairs – income and expenditure
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Part: Enforcement officers and enforcement agents
- 31Paragraph 31
- Part: Cause of insolvency
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- Schedule 9: Information to be given to creditors
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Schedule 10Destination of appeals from decisions of District Judges in corporate insolvency matters
- Schedule 11Determination of insolvency office-holder's remuneration
- Explanatory note