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The Insolvency (England and Wales) Rules 2016

S.I. 2016/1024 · Made 18 October 2016 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2026.

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

  1. Part: INTRODUCTORY RULES
  2. 1Citation and commencement
  3. 2Revocations
  4. 3Extent and application
  5. 4Transitional and savings provisions
  6. 5Power of the Secretary of State to regulate certain matters
  7. 6Punishment of offences
  8. 7Review
  9. Part 1: SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS
  10. Chapter 1: Scope of these Rules
  11. 1.1Scope
  12. 2Interpretation
  13. 1.2Defined terms
  14. 1.3Calculation of time periods
  15. Chapter 3: Form and content of documents
  16. 1.4Requirement for writing and form of documents
  17. 1.5Authentication
  18. 1.6Information required to identify persons and proceedings etc.
  19. 1.7Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc.
  20. 1.8Prescribed format of documents
  21. 1.9Variations from prescribed contents
  22. 4Standard contents of Gazette notices and the Gazette as evidence etc.
  23. 1.10Contents of notices to be gazetted under the Act or Rules
  24. 1.11Standard contents of all notices
  25. 1.12Gazette notices relating to a company
  26. 1.13Gazette notices relating to a bankruptcy
  27. 1.14The Gazette: evidence, variations and errors
  28. 5Standard contents of notices advertised otherwise than in the Gazette
  29. 1.15Standard contents of notices advertised otherwise than in the Gazette
  30. 1.16Non-Gazette notices relating to a company
  31. 1.17Non-Gazette notices relating to a bankruptcy
  32. 1.18Non-Gazette notices: other provisions
  33. 6Standard contents of documents to be delivered to the registrar of companies
  34. 1.19Standard contents of documents delivered to the registrar of companies
  35. 1.20Registrar of companies: covering notices
  36. 1.21Standard contents of all documents
  37. 1.22Standard contents of documents relating to the office of office-holders
  38. 1.23Standard contents of documents relating to other documents
  39. 1.24Standard contents of documents relating to court orders
  40. 1.25Standard contents of returns or reports of decisions
  41. 1.26Standard contents of returns or reports of matters considered by company members by correspondence
  42. 1.27Standard contents of documents relating to other events
  43. 7Standard contents of notices for delivery to other persons etc.
  44. 1.28Standard contents of notices to be delivered to persons other than the registrar of companies
  45. 1.29Standard contents of all notices
  46. 1.30Standard contents of notices relating to the office of office-holders
  47. 1.31Standard contents of notices relating to documents
  48. 1.32Standard contents of notices relating to court proceedings or orders
  49. 1.33Standard contents of notices of the results of decisions
  50. 1.34Standard contents of returns or reports of matters considered by company members by correspondence
  51. 8Applications to the court
  52. 1.35Standard contents and authentication of applications to the court under Part A1 to 11 of the Act
  53. Chapter 9: Delivery of documents and opting out (sections 246C, 248A , 379C and 383A )
  54. Application of Chapter
  55. 1.36Rule 1.36
  56. 1.37Delivery to the creditors and opting out
  57. 1.38Creditor's election to opt out
  58. 1.39Office-holder to provide information to creditors on opting-out
  59. 1.40Delivery of documents to authorised recipients
  60. 1.41Delivery of documents to joint office-holders
  61. 1.42Postal delivery of documents
  62. 1.43Delivery by document exchange
  63. 1.44Personal delivery of documents
  64. 1.45Electronic delivery of documents
  65. 1.46Electronic delivery of documents to or by the court
  66. 1.47Electronic delivery of notices to enforcement officers
  67. 1.48Electronic delivery by office-holders
  68. 1.49Rule 1.49
  69. 1.50General use of website to deliver documents
  70. 1.51Retention period for documents made available on websites
  71. 1.52Proof of delivery of documents
  72. 1.53Delivery of proofs and details of claims
  73. Chapter 10: Inspection of documents, copies and provision of information
  74. 1.54Right to copies of documents
  75. 1.55Charges for copies of documents provided by the office-holder
  76. 1.56Offence in relation to inspection of documents
  77. 1.57Right to list of creditors
  78. 1.58Confidentiality of documents: grounds for refusing inspection
  79. Part 1A: MORATORIUMS
  80. CHAPTER 1Preliminary
  81. 1A.1Application of Part 1A
  82. CHAPTER 2Obtaining moratorium by filing notice at court
  83. 1A.2Application of Chapter
  84. 1A.3Obtaining a moratorium by filing documents at court (section A3): notice of filing
  85. 1A.4The relevant documents: contents and requirements (section A6)
  86. 1A.5The relevant documents: further requirements relating to the proposed monitor’s statement and consent to act (section A6(1)(b))
  87. 1A.6Directions
  88. CHAPTER 3Obtaining a moratorium by application to the court
  89. 1A.7Application of Chapter
  90. 1A.8Moratorium application (sections A4 and A5)
  91. 1A.9The relevant documents: contents and requirements (section A6)
  92. 1A.10The relevant documents: further requirements relating to the monitor’s statement and consent to act (section A6(1)(b))
  93. CHAPTER 4Obligations to notify where moratorium comes into force
  94. 1A.11Notice given by court where moratorium comes into force:
  95. 1A.12Notice given by monitor where moratorium comes into force: standard contents and requirements
  96. CHAPTER 5Extending moratorium by filing notice with the court
  97. 1A.13Application of Chapter
  98. 1A.14Extending a moratorium by filing notice with the court (sections A10 and A11): notice of extension
  99. 1A.15Documents filed with the court under sections A10(1) or A11(1) of the Act: contents and requirements
  100. 1A.16Directions
  101. CHAPTER 6Extending moratorium by application to the court
  102. 1A.17Application of Chapter
  103. 1A.18Extending a moratorium by application to the court (section A13)
  104. 1A.19Documents filed with the court under section A13(2): contents and requirements
  105. CHAPTER 7Notices about change in the end of moratorium
  106. 1A.20Notification by directors to the monitor under section A17(1) of the Act: contents and requirements
  107. 1A.21Notification by the monitor to the relevant persons under sections A17(2) or (3) of the Act: contents and requirements
  108. CHAPTER 8Notification by directors of insolvency proceedings
  109. 1A.22Notification by directors to the monitor of insolvency proceedings (section A24)
  110. CHAPTER 9Termination of moratorium by monitor
  111. 1A.23Notice bringing moratorium to an end (section A38)
  112. 1A.24Debts that are to be disregarded for the purposes of section A38(1)(d) of the Act
  113. CHAPTER 10Replacement of monitor or appointment of additional monitor
  114. 1A.25Replacement of monitor or appointment of additional monitor, monitor’s statement and consent to act: contents and requirements (section A39(4))
  115. 1A.26Notice to be given by monitor of replacement of monitor or appointment of additional monitor (section A39(8))
  116. CHAPTER 11Challenges to monitor remuneration
  117. 1A.27Challenges to monitor remuneration in subsequent insolvency proceedings
  118. CHAPTER 12Applications to court
  119. 1A.28Application of Chapter
  120. 1A.29Procedure for filing of application
  121. 1A.30Service of the application
  122. 1A.31Notice of opposition
  123. 1A.32Notice where the court grants permission under section A31 or A32
  124. Part 2: COMPANY VOLUNTARY ARRANGEMENTS (CVA)
  125. Chapter 1: Preliminary
  126. 2.1Interpretation
  127. 2The proposal for a CVA (section 1)
  128. 2.2Proposal for a CVA: general principles and amendment
  129. 2.3Proposal: contents
  130. 3Procedure for a CVA without a moratorium
  131. 2.4Procedure for proposal where the nominee is not the liquidator or the administrator (section 2)
  132. 2.5Information for the official receiver
  133. 2.6Statement of affairs (section 2(3))
  134. 2.7Application to omit information from statement of affairs delivered to creditors
  135. 2.8Additional disclosure for assistance of nominee where the nominee is not the liquidator or administrator
  136. 2.9Nominee's report on proposal where the nominee is not the liquidator or administrator (section 2(2))
  137. 2.10Replacement of nominee (section 2(4))
  138. 4Procedure for a CVA with a moratorium
  139. 2.11Statement of affairs (paragraph 6(1)(b) of Schedule A1) Repealed
  140. 2.12Application to omit information from a statement of affairs Repealed
  141. 2.13The nominee's statement (paragraph 6(2) of Schedule A1) Repealed
  142. 2.14Documents filed with court to obtain a moratorium (paragraph 7(1) of Schedule A1) Repealed
  143. 2.15Notice and advertisement of beginning of a moratorium Repealed
  144. 2.16Notice of continuation of a moratorium where physical meeting of creditors is summoned (paragraph 8(3B) of Schedule A1) Repealed
  145. 2.17Notice of decision extending or further extending a moratorium (paragraph 36 of Schedule A1) Repealed
  146. 2.18Notice of court order extending or further extending or continuing or renewing a moratorium (paragraph 34(2) of Schedule A1) Repealed
  147. 2.19Advertisement of end of a moratorium (paragraph 11(1) of Schedule A1) Repealed
  148. 2.20Disposal of charged property etc. during a moratorium Repealed
  149. 2.21Withdrawal of nominee's consent to act (paragraph 25(5) of Schedule A1) Repealed
  150. 2.22Application to the court to replace the nominee (paragraph 28 of Schedule A1) Repealed
  151. 2.23Notice of appointment of replacement nominee Repealed
  152. 2.24Applications to court to challenge nominee's actions etc. (paragraphs 26 and 27 of Schedule A1) Repealed
  153. 5Consideration of the proposal by the company members and creditors
  154. 2.25Consideration of proposal: common requirements (section 3)
  155. 2.26Members' consideration at a meeting
  156. 2.27Creditors' consideration by a decision procedure
  157. 2.28Timing of decisions on proposal
  158. 2.29Creditors' approval of modified proposal Repealed
  159. 2.30Notice of members' meeting and attendance of officers
  160. 2.31Requisition of physical meeting by creditors
  161. 2.32Non-receipt of notice by members
  162. 2.33Proposal for alternative supervisor
  163. 2.34Chair at meetings
  164. 2.35Members' voting rights
  165. 2.36Requisite majorities of members
  166. 2.37Notice of order made under section 4A(6) ...
  167. 2.38Report of consideration of proposal under section 4(6) and (6A) ...
  168. 6Additional matters concerning and following approval of CVA
  169. 2.39Hand-over of property etc. to supervisor
  170. 2.40Revocation or suspension of CVA
  171. 2.41Supervisor's accounts and reports
  172. 2.42Production of accounts and records to the Secretary of State
  173. 2.43Fees and expenses
  174. 2.44Termination or full implementation of CVA
  175. 7Time recording information
  176. 2.45Provision of information
  177. Part 3: ADMINISTRATION
  178. 1Interpretation for this Part
  179. 3.1Interpretation for Part 3
  180. 3.2Proposed administrator's statement and consent to act
  181. 2Appointment of administrator by Court
  182. 3.3Administration application (paragraph 12 of Schedule B1)
  183. 3.4Administration application made by the directors
  184. 3.5Administration application by the supervisor of a CVA
  185. 3.6Witness statement in support of administration application
  186. 3.7Filing of application
  187. 3.8Service of application
  188. 3.9Notice to enforcement agents charged with distress or other legal process, etc.
  189. 3.10Notice of other insolvency proceedings
  190. 3.11Intervention by holder of qualifying floating charge (paragraph 36(1)(b) of Schedule B1)
  191. 3.12The hearing
  192. 3.13The order
  193. 3.14Order on an application under paragraph 37 or 38 of Schedule B1
  194. 3.15Notice of administration order
  195. 3Appointment of administrator by holder of floating charge
  196. 3.16Notice of intention to appoint
  197. 3.17Notice of appointment
  198. 3.18Filing of notice with the court
  199. 3.19Appointment by floating charge holder after administration application made
  200. 3.20Appointment taking place out of court business hours: procedure
  201. 3.21Appointment taking place out of court business hours: content of notice
  202. 3.22Appointment taking place out of court business hours: legal effect
  203. 4Appointment of administrator by company or directors
  204. 3.23Notice of intention to appoint
  205. 3.24Notice of appointment after notice of intention to appoint
  206. 3.25Notice of appointment without prior notice of intention to appoint
  207. 3.26Notice of appointment: filing with the court
  208. 5Notice of administrator's appointment
  209. 3.27Publication of administrator's appointment
  210. 6Statement of affairs
  211. 3.28Interpretation
  212. 3.29Rule 3.29
  213. 3.30Rule 3.30
  214. 3.31Statement of affairs: statement of concurrence
  215. 3.32Statement of affairs: filing
  216. 3.33Statement of affairs: release from requirement and extension of time
  217. 3.34Statement of affairs: expenses
  218. 7Administrator's proposals
  219. 3.35Administrator's proposals: additional content
  220. 3.36Administrator's proposals: statement of pre-administration costs
  221. 3.37Advertising administrator's proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1)
  222. 3.38Seeking approval of the administrator's proposals
  223. 3.39Invitation to creditors to form a creditors' committee
  224. 3.40Notice of extension of time to seek approval
  225. 3.41Notice of the creditors' decision on the administrator's proposals (paragraph 53(2))
  226. 3.42Administrator's proposals: revision
  227. 3.43Notice of result of creditors' decision on revised proposals (paragraph 54(6))
  228. 8Limited disclosure of statements of affairs and proposals
  229. 3.44Application of Chapter
  230. 3.45Orders limiting disclosure of statement of affairs etc.
  231. 3.46Order for disclosure by administrator
  232. 3.47Rescission or amendment of order for limited disclosure
  233. 3.48Publication etc. of statement of affairs or statement of proposals
  234. 9Disposal of charged property
  235. 3.49Disposal of charged property
  236. 10Expenses of the Administration
  237. 3.50Expenses
  238. 3.51Order of priority
  239. 3.51APriority of moratorium debts in subsequent administration
  240. 3.52Pre-administration costs
  241. 11Extension and ending of administration
  242. 3.53Interpretation
  243. 3.54Application to extend an administration and extension by consent (paragraph 76(2) of Schedule B1)
  244. 3.55Notice of automatic end of administration (paragraph 76 of Schedule B1)
  245. 3.56Notice of end of administration when purposes achieved (paragraph 80(2) of Schedule B1)
  246. 3.57Administrator's application for order ending administration (paragraph 79 of Schedule B1)
  247. 3.58Creditor's application for order ending administration (paragraph 81 of Schedule B1)
  248. 3.59Notice by administrator of court order
  249. 3.60Rule 3.60
  250. 3.61Moving from administration to dissolution (paragraph 84 of Schedule B1)
  251. 12Replacing the administrator
  252. 3.62Grounds for resignation
  253. 3.63Notice of intention to resign
  254. 3.64Notice of resignation (paragraph 87 of Schedule B1)
  255. 3.65Application to court to remove administrator from office
  256. 3.66Notice of vacation of office when administrator ceases to be qualified to act
  257. 3.67Deceased administrator
  258. 3.68Application to replace
  259. 3.69Appointment of replacement or additional administrator
  260. 3.70Administrator's duties on vacating office
  261. 4RECEIVERSHIP
  262. 1Appointment of joint receivers or managers to whom Part 3 of the Act applies (other than those appointed under section 51 (Scottish receiverships))
  263. 4.1Receivers or managers appointed under an instrument: acceptance of appointment (section 33)
  264. 2Administrative receivers (other than in Scottish receiverships)
  265. 4.2Application of Chapter 2
  266. 4.3Interpretation
  267. 4.4Administrative receiver's security
  268. 4.5Publication of appointment of administrative receiver (section 46(1))
  269. 4.6Rule 4.6
  270. 4.7Rule 4.7
  271. 4.8Statement of affairs: statement of concurrence
  272. 4.9Statement of affairs: retention by administrative receiver
  273. 4.10Statement of affairs: release from requirement and extension of time (section 47(5))
  274. 4.11Statement of affairs: expenses
  275. 4.12Limited disclosure
  276. 4.13Administrative receiver's report to the registrar of companies and secured creditors (section 48(1))
  277. 4.14Copy of report for unsecured creditors (section 48(2))
  278. 4.15Invitation to creditors to form a creditors' committee
  279. 4.16Disposal of charged property (section 43(1))
  280. 4.17Summary of receipts and payments
  281. 4.18Resignation
  282. 4.19Deceased administrative receiver
  283. 4.20Other vacation of office
  284. 4.21Notice to registrar of companies (section 45(4))
  285. 3Non-administrative receivers and the prescribed part
  286. 4.22Application of Chapter 3
  287. 4.23Report to creditors
  288. 4.24Receiver to deal with prescribed part
  289. Part 5: MEMBERS' VOLUNTARY WINDING UP
  290. 1Statutory declaration of solvency (section 89)
  291. 5.1Rule 5.1
  292. 2The liquidator
  293. 5.2Appointment by the company
  294. 5.3Meetings in members' voluntary winding up of authorised deposit-takers
  295. 5.4Appointment by the court (section 108)
  296. 5.5Cost of liquidator's security (section 390(3))
  297. 5.6Liquidator's resignation
  298. 5.7Removal of liquidator by the court
  299. 5.8Removal of liquidator by company meeting
  300. 5.9Delivery of proposed final account to members (section 94)
  301. 5.10Final account prior to dissolution (section 94)
  302. 5.11Deceased liquidator
  303. 5.12Loss of qualification as insolvency practitioner
  304. 5.13Liquidator's duties on vacating office
  305. 5.14Application by former liquidator to the Secretary of State for release (section 173(2)(b))
  306. 5.15Power of court to set aside certain transactions entered into by liquidator
  307. 5.16Rule against improper solicitation by or on behalf of the liquidator
  308. 3Special manager
  309. 5.17Application for and appointment of special manager (section 177)
  310. 5.18Security
  311. 5.19Failure to give or keep up security
  312. 5.20Accounting
  313. 5.21Termination of appointment
  314. Chapter 4: Conversion to creditors' voluntary winding up
  315. 5.22Statement of affairs (section 95(3))
  316. Part 6: CREDITORS' VOLUNTARY WINDING UP
  317. Chapter 1: Application of Part 6
  318. 6.1Application of Part 6
  319. 2Statement of affairs and other information
  320. 6.2Rule 6.2
  321. 6.3Rule 6.3
  322. 6.4Additional requirements as to statements of affairs
  323. 6.5Statement of affairs: statement of concurrence
  324. 6.6Order limiting disclosure of statement of affairs etc.
  325. 6.7Expenses of statement of affairs and decisions sought from creditors
  326. 6.8Delivery of accounts to liquidator (section 235)
  327. 6.9Expenses of assistance in preparing accounts
  328. 3Nomination and appointment of liquidators and information to creditors
  329. 6.10Application of the rules in this Chapter
  330. 6.11Nomination of liquidator and information to creditors on conversion from members' voluntary winding up (section 96)
  331. 6.12Creditors' decision on appointment other than at a meeting (conversion from members' voluntary winding up)
  332. 6.13Information to creditors and contributories (conversion of members' voluntary winding up into creditors' voluntary winding up)
  333. 6.14Information to creditors and appointment of liquidator
  334. 6.15Information to creditors and contributories
  335. 6.16Further information where administrator becomes liquidator (paragraph 83(3) of Schedule B1)
  336. 6.17Report by director etc.
  337. 6.18Decisions on nomination
  338. 6.19Invitation to creditors to form a liquidation committee
  339. 4The liquidator
  340. 6.20Appointment by creditors or by the company
  341. 6.21Power to fill vacancy in office of liquidator
  342. 6.22Appointment by the court (section 100(3) or 108)
  343. 6.23Advertisement of appointment
  344. 6.23AAdditional requirements as to advertisement where moratorium under Part A1 of the Act in force
  345. 6.24Cost of liquidator's security (section 390(3))
  346. 6.25Liquidator's resignation and replacement
  347. 6.26Removal of liquidator by creditors
  348. 6.27Removal of liquidator by the court
  349. 6.28Final account prior to dissolution (section 106)
  350. 6.29Deceased liquidator
  351. 6.30Loss of qualification as insolvency practitioner
  352. 6.31Vacation of office on making of winding-up order
  353. 6.32Liquidator's duties on vacating office
  354. 6.33Application by former liquidator for release (section 173(2)(b))
  355. 6.34Power of court to set aside certain transactions
  356. 6.35Rule against improper solicitation
  357. 6.36Permission for exercise of powers by liquidator
  358. 5Special Manager
  359. 6.37Application for and appointment of special manager (section 177)
  360. 6.38Security
  361. 6.39Failure to give or keep up security
  362. 6.40Accounting
  363. 6.41Termination of appointment
  364. Chapter 6: Priority of payment of costs and expenses, etc.
  365. 6.42General rule as to priority
  366. 6.42APriority of moratorium debts in subsequent winding up
  367. 6.43Saving for powers of the court
  368. 7Litigation expenses and property subject to a floating charge
  369. 6.44Interpretation
  370. 6.45Requirement for approval or authorisation
  371. 6.46Request for approval or authorisation
  372. 6.47Grant of approval or authorisation
  373. 6.48Application to the court by the liquidator
  374. Part 7: WINDING UP BY THE COURT
  375. Chapter 1: Application of Part
  376. 7.1Application of Part 7
  377. Chapter 2: The statutory demand (sections 123(1)(a) and 222(1)(a))
  378. 7.2Interpretation
  379. 7.3The statutory demand
  380. 3Petition for winding-up order
  381. 7.4Application of this Chapter
  382. 7.5Contents of petition
  383. 7.6Verification of petition
  384. 7.7Petition: presentation and filing
  385. 7.8Court to which petition is to be presented where the company is subject to a CVA or is in administration
  386. 7.9Copies of petition to be served on company or delivered to other persons
  387. 7.10Notice of petition
  388. 7.11Persons entitled to request a copy of petition
  389. 7.12Certificate of compliance
  390. 7.13Permission for the petitioner to withdraw
  391. 7.14Notice by persons intending to appear
  392. 7.15List of appearances
  393. 7.16Witness statement in opposition
  394. 7.17Substitution of creditor or contributory for petitioner
  395. 7.18Order for substitution of petitioner
  396. 7.19Notice of adjournment
  397. 7.20Order for winding up by the court
  398. 7.21Notice to official receiver of winding-up order
  399. 7.22Delivery and notice of the order
  400. 7.23Petition dismissed
  401. 7.24Injunction to restrain presentation or notice of petition
  402. 4Petition by a contributory or a relevant office-holder
  403. 7.25Interpretation and application of rules in Chapter 3
  404. 7.26Contents of petition for winding-up order by a contributory
  405. 7.27Petition presented by a relevant office-holder
  406. 7.28Verification of petition
  407. 7.29Presentation and service of petition
  408. 7.30Request to appoint former administrator or supervisor as liquidator (section 140)
  409. 7.31Hearing of petition
  410. 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
  411. 5Provisional liquidator
  412. 7.33Application for appointment of provisional liquidator (section 135)
  413. 7.34Deposit by applicant
  414. 7.35Order of appointment of provisional liquidator
  415. 7.36Notice of appointment of provisional liquidator
  416. 7.37Security
  417. 7.38Remuneration
  418. 7.39Termination of appointment
  419. 6Statement of affairs and other information
  420. 7.40Notice requiring statement of affairs (section 131)
  421. 7.41Statement of affairs
  422. 7.42Statement of affairs: statement of concurrence
  423. 7.43Order limiting disclosure of statement of affairs etc.
  424. 7.44Release from duty to submit statement of affairs: extension of time (section 131)
  425. 7.45Statement of affairs: expenses
  426. 7.46Delivery of accounts to official receiver
  427. 7.47Further disclosure
  428. 7Reports and information to creditors and contributories
  429. 7.48Reports by official receiver
  430. 7.49Reports by official receiver: estimate of prescribed part
  431. 7.50Further information where winding up follows administration
  432. 7.51Notice of stay of winding up
  433. 8The liquidator
  434. 7.52Choosing a person to be liquidator
  435. 7.53Appointment of liquidator by creditors or contributories
  436. 7.54Decision on nomination
  437. 7.55Invitation to creditors and contributories to form a liquidation committee
  438. 7.56Appointment by the court
  439. 7.57Appointment by the Secretary of State
  440. 7.58Cost of liquidator's security (section 390(3))
  441. 7.59Appointment to be gazetted and notice given to registrar of companies
  442. 7.60Hand-over of assets by official receiver to liquidator
  443. 7.61Liquidator's resignation
  444. 7.62Notice to official receiver of intention to vacate office
  445. 7.63Decision of creditors to remove liquidator
  446. 7.64Procedure on removal by creditors
  447. 7.65Removal of liquidator by the court (section 172(2))
  448. 7.66Removal of liquidator by the Secretary of State (section 172(4))
  449. 7.67Deceased liquidator
  450. 7.68Loss of qualification as insolvency practitioner
  451. 7.69Application by liquidator for release (section 174(4)(b) or (d))
  452. 7.70Release of official receiver
  453. 7.71Final account prior to dissolution (section 146)
  454. 7.72Relief from, or variation of, duty to report
  455. 7.73Liquidator's duties on vacating office
  456. 7.74Power of court to set aside certain transactions
  457. 7.75Rule against improper solicitation
  458. 9Duties and powers of liquidator
  459. 7.76General duties of liquidator
  460. 7.77Permission for exercise of powers by liquidator
  461. 7.78Enforced delivery up of company's property (section 234)
  462. 10Settlement of list of contributories
  463. 7.79Delegation to liquidator of power to settle list of contributories
  464. 7.80Duty of liquidator to settle list (section 148)
  465. 7.81Contents of list
  466. 7.82Procedure for settling list
  467. 7.83Application to court for variation of the list
  468. 7.84Variation of, or addition to, the list
  469. 7.85Costs of applications to vary etc. the list of contributories
  470. 11Calls on contributories
  471. 7.86Making of calls by the liquidator (sections 150 and 160)
  472. 7.87Sanction of the liquidation committee for making a call
  473. 7.88Application to court for permission to make a call (sections 150 and 160)
  474. 7.89Order giving permission to make a call
  475. 7.90Making and enforcement of the call
  476. 7.91Court order to enforce payment of call by a contributory
  477. 12Special manager
  478. 7.92Application of this Chapter and interpretation
  479. 7.93Appointment and remuneration of special manager (section 177)
  480. 7.94Security
  481. 7.95Failure to give or keep up security
  482. 7.96Accounting
  483. 7.97Termination of appointment
  484. 13Public examination of company officers and others (section 133)
  485. 7.98Applications relating to promoters, past managers etc. (section 133(1)(c))
  486. 7.99Request by a creditor for a public examination (section 133(2))
  487. 7.100Request by a contributory for a public examination
  488. 7.101Further provisions about requests by a creditor or contributory for a public examination
  489. 7.102Order for public examination
  490. 7.103Notice of the public examination
  491. 7.104Examinee unfit for examination
  492. 7.105Procedure at public examination
  493. 7.106Rule 7.106
  494. 7.107Expenses of examination
  495. Chapter 14: Priority of payment of costs and expenses, etc.
  496. 7.108General rule as to priority
  497. 7.108APriority of moratorium debts in subsequent winding up
  498. 7.109Winding up commencing as voluntary
  499. 7.110Saving for powers of the court (section 156)
  500. 15Litigation expenses and property subject to a floating charge
  501. 7.111Interpretation
  502. 7.112Priority of litigation expenses
  503. 7.113Requirement for approval or authorisation of litigation expenses
  504. 7.114Requests for approval or authorisation
  505. 7.115Grant of approval or authorisation
  506. 7.116Application to the court by the liquidator
  507. 16MISCELLANEOUS RULES
  508. Sub-division A: Return of capital
  509. 7.117Application to court for order authorising return of capital
  510. 7.118Procedure for return
  511. Sub-division B: Dissolution after winding up
  512. 7.119Secretary of State's directions under sections 203 and 205 and appeal
  513. Part 8: INDIVIDUAL VOLUNTARY ARRANGEMENTS (IVA)
  514. Chapter 1: Preliminary
  515. 8.1Interpretation
  516. 2Preparation of the debtor's proposal for an IVA
  517. 8.2Proposal for an IVA: general principles and amendment
  518. 8.3Proposal: contents
  519. 8.4Notice of nominee's consent
  520. 8.5Statement of affairs (section 256 and 256A)
  521. 8.6Application to omit information from statement of affairs delivered to creditors
  522. 8.7Additional disclosure for assistance of nominee
  523. 3Cases in which an application for an interim order is made
  524. 8.8Application for interim order
  525. 8.9Court in which application is to be made
  526. 8.10Order granting a stay
  527. 8.11Hearing of the application
  528. 8.12The interim order
  529. 8.13Action to follow making of an interim order
  530. 8.14Order extending period of an interim order (section 256(4))
  531. 8.15Nominee's report on the proposal
  532. 8.16Order extending period of interim order to enable the creditors to consider the proposal (section 256(5))
  533. 8.17Replacement of the nominee (section 256(3))
  534. 8.18Consideration of the nominee's report
  535. 4Cases where no interim order is to be obtained
  536. 8.19Nominee's report (section 256A)
  537. 8.20Court or hearing centre to which applications must be made where no interim order
  538. 8.21Replacement of the nominee (section 256A(4))
  539. 5Consideration of the proposal by the creditors
  540. 8.22Consideration of the proposal
  541. 8.23Proposals for an alternative supervisor
  542. 8.24Report of the creditors' consideration of a proposal
  543. 6Action following approval of an IVA
  544. 8.25Hand-over of property, etc. to supervisor
  545. 8.26Report to the Secretary of State of the approval of an IVA
  546. 8.27Revocation or suspension of an IVA (section 262)
  547. 8.28Supervisor's accounts and reports
  548. 8.29Production of accounts and records to the Secretary of State
  549. 8.30Fees and expenses
  550. 8.31Termination or full implementation of the IVA
  551. 7Applications to annul bankruptcy orders under sections 261(2)(a) and (b)
  552. 8.32Application by the bankrupt to annul the bankruptcy order (section 261(2)(a))
  553. 8.33Application by the official receiver to annul the bankruptcy order (section 261(2)(b))
  554. 8.34Order annulling bankruptcy
  555. 8.35Notice of order
  556. 8.36Advertisement of order
  557. 8.37Trustee's final account
  558. 8Time recording information
  559. 8.38Provision of information
  560. Part 9: DEBT RELIEF ORDERS
  561. 1Interpretation
  562. 9.1Debtor's family
  563. 9.2Excluded debts
  564. 2Application for a debt relief order
  565. 9.3Application for a debt relief order: information required in the application
  566. 9.4Delivery of application
  567. 9.5Role of approved intermediary
  568. Chapter 3: Verifying the application and determining the debtor's income and property
  569. 9.6Prescribed verification checks: conditions in paragraphs 1 to 8 of Schedule 4ZA of the Act
  570. 9.7Determination of debtor's monthly surplus income
  571. 9.8Determination of value of the debtor's property (paragraph 8 of Schedule 4ZA)
  572. 9.9Property to be excluded in determining the value of a debtor's property
  573. 4Making or refusal of a debt relief order
  574. 9.10Contents of debt relief order
  575. 9.11Other steps to be taken by official receiver or debtor upon making of the order
  576. 9.12Prescribed information for creditors on making of debt relief order
  577. 9.13Refusal of application for debt relief order
  578. 5Objection and revocation
  579. 9.14Meaning of “creditor”
  580. 9.15Creditor's objection to a debt relief order (section 251K)
  581. 9.16Official receiver's response to objection under section 251K
  582. 9.17Creditor's request that a debt relief order be revoked (section 251L(4))
  583. 9.18Procedure in revoking or amending a debt relief order (section 251L)
  584. 9.19Debtor's notification of official receiver of matters in section 251J(3) or (5)
  585. 9.20Death of debtor during a moratorium period under a debt relief order
  586. 6Applications to the court
  587. 9.21Notice of application to court under section 251M
  588. 9.22Court in which applications under sections 251M or 251N are to be made
  589. 9.23Creditor's bankruptcy petition: creditor consents to making application for a debt relief order
  590. 9.24Extension of moratorium period
  591. 7Permission to act as a director, etc.
  592. 9.25Application for permission under the Company Directors Disqualification Act 1986
  593. 9.26Report of official receiver
  594. 9.27Court's order on application
  595. Part 10: BANKRUPTCY
  596. 1The statutory demand
  597. 10.1The statutory demand (section 268)
  598. 10.2Service of statutory demand
  599. 10.3Proof of service of statutory demand
  600. 10.4Application to set aside statutory demand
  601. 10.5Hearing of application to set aside
  602. Chapter 2: CREDITORS' BANKRUPTCY PETITIONS
  603. Preliminary
  604. 10.6Application and interpretation
  605. 10.7Contents of petition
  606. 10.8Identification of debtor
  607. 10.9Identification of debt
  608. 10.10Verification of petition
  609. 10.11Court in which petition is to be presented
  610. 10.12Procedure for presentation and filing of petition
  611. 10.13Application to Chief Land Registrar to register petition
  612. 10.14Service of petition and delivery of copies
  613. 10.15Death of debtor before service
  614. 10.16Amendment of petition
  615. 10.17Security for costs
  616. 10.18Debtor's notice of opposition to petition
  617. 10.19Notice by persons intending to appear
  618. 10.20List of appearances
  619. 10.21Hearing of petition
  620. 10.22Postponement of hearing
  621. 10.23Adjournment of the hearing
  622. 10.24Decision on the hearing
  623. 10.25Vacating registration on withdrawal of petition
  624. 10.26Non-appearance of petitioning creditor
  625. 10.27Substitution of petitioner
  626. 10.28Order for substitution of petitioner
  627. 10.29Change of carriage of petition
  628. 10.30Rule 10.30
  629. 10.31Contents of bankruptcy order
  630. 10.32Delivery and notice of the order
  631. 10.33Application to Chief Land Registrar to register bankruptcy order
  632. 3Debtors' bankruptcy applications
  633. 10.34Preliminary
  634. 10.35Bankruptcy application for a bankruptcy order
  635. 10.36Procedure for making a bankruptcy application and communication with the adjudicator
  636. 10.37Application to the Chief Land Registrar to register a bankruptcy application
  637. 10.38Verification checks
  638. 10.39Determination of the bankruptcy application
  639. 10.40The determination period
  640. 10.41Settlement and contents of bankruptcy order
  641. 10.42Refusal to make a bankruptcy order and contents of notice of refusal
  642. 10.43Review of refusal to make a bankruptcy order
  643. 10.44Appeal to the court following a review of refusal to make a bankruptcy order
  644. 10.45Action to follow making of order
  645. 10.46Application to the Chief Land Registrar
  646. 10.47The bankruptcy file
  647. 10.48Court to which applications are to be made
  648. 4The interim receiver
  649. 10.49Application for appointment of interim receiver (section 286)
  650. 10.50Deposit
  651. 10.51Order of appointment
  652. 10.52Security
  653. 10.53Remuneration
  654. 10.54Termination of appointment
  655. 5Disclosure of the bankrupt's affairs
  656. Sub-division A: creditor's petition
  657. 10.55Notice requiring statement of affairs (section 288)
  658. 10.56Statement of affairs
  659. 10.57Limited disclosure
  660. 10.58Requirement to submit statement of affairs and extension of time (section 288(3))
  661. 10.59Expenses of assisting bankrupt to prepare statement of affairs
  662. 10.60Delivery of accounts to official receiver
  663. 10.61Further disclosure
  664. Sub-division B: Bankruptcy application
  665. 10.62Preliminary
  666. 10.63Delivery of accounts to official receiver
  667. 10.64Expenses of preparing accounts
  668. 10.65Further disclosure
  669. Sub-division C: Reports by the official receiver
  670. 10.66Reports by the official receiver
  671. 6THE TRUSTEE IN BANKRUPTCY
  672. Sub-division A: appointment and associated formalities
  673. 10.67Appointment by creditors of new trustee
  674. 10.68Certification of appointment
  675. 10.69Cost of the trustee's security (section 390(3))
  676. 10.70Creditors' decision to appoint a trustee
  677. 10.71Appointment by the court (section 291A(2))
  678. 10.72Appointment by the Secretary of State
  679. 10.73Authentication of trustee's appointment
  680. 10.74Appointment to be gazetted
  681. 10.75Hand-over of bankrupt's estate by official receiver to trustee
  682. 10.76Invitation to creditors to form a creditors' committee
  683. Sub-division B: resignation and removal
  684. 10.77Trustee's resignation and appointment of replacement (section 298(7))
  685. 10.78Decision of creditors to remove trustee (section 298(1))
  686. 10.79Procedure on removal by creditors
  687. 10.80Removal of trustee by the court (section 298(1))
  688. 10.81Removal of trustee by the Secretary of State (section 298(5))
  689. 10.82Notice of resignation or removal
  690. 10.83Release of removed trustee (section 299)
  691. 10.84Deceased trustee
  692. 10.85Loss of qualification as insolvency practitioner (section 298(6))
  693. Sub-division C: release on completion of administration of bankrupt's estate
  694. 10.86Release of official receiver on completion of administration (section 299)
  695. 10.87Vacation of office on completion of bankruptcy (sections 298(8) and 331)
  696. 10.88Rule as to reporting
  697. 10.89Notice to official receiver of intention to vacate office
  698. 10.90Trustee's duties on vacating office
  699. 10.91Power of the court to set aside certain transactions
  700. 10.92Rule against improper solicitation
  701. 10.93Enforcement of trustee's obligations to official receiver (section 305(3))
  702. 7Special manager
  703. 10.94Rule 10.94
  704. 10.95Security
  705. 10.96Failure to give or keep up security
  706. 10.97Accounting
  707. 10.98Termination of appointment
  708. 8Public examination of bankrupt
  709. 10.99Rule 10.99
  710. 10.100Notice of public examination
  711. 10.101Order for public examination requested by creditors
  712. 10.102Rule 10.102
  713. 10.103Procedure at public examination
  714. 10.104Rule 10.104
  715. 10.105Expenses of examination
  716. Chapter 9: Replacement of exempt property
  717. 10.106Purchase of replacement property
  718. 10.107Money provided in lieu of sale
  719. 10Income payments orders
  720. 10.108Interpretation
  721. 10.109Application for income payments order (section 310)
  722. 10.110Order for income payments order
  723. 10.111Action to follow making of order
  724. 10.112Variation of order
  725. 10.113Order to payer of income: administration
  726. 10.114Review of order
  727. 11Income payments agreements
  728. 10.114AInterpretation
  729. 10.115Approval of income payments agreements
  730. 10.116Acceptance of income payments agreements
  731. 10.117Variation of income payments agreements
  732. 12Applications for production of documents by Her Majesty's Revenue and Customs (section 369)
  733. 10.118Application for order
  734. 10.119Making and service of the order
  735. 10.120Custody of documents
  736. 13Mortgaged property
  737. 10.121Interpretation
  738. 10.122Claim by mortgagee of land
  739. 10.123Power of court to order sale
  740. 10.124Proceeds of sale
  741. Chapter 14: After-acquired property
  742. 10.125Duties of bankrupt in relation to after-acquired property
  743. 10.126Trustee's recourse to person to whom property disposed
  744. 15Permission to act as director, etc.
  745. 10.127Interpretation
  746. 10.128Application for permission
  747. 10.129Report of official receiver
  748. 10.130Court's order on application
  749. 10.131Costs under this Chapter
  750. 16Annulment of bankruptcy order
  751. 10.132Application for annulment
  752. 10.133Report by trustee
  753. 10.134Applicant's claim that remuneration or expenses are excessive
  754. 10.135Power of court to stay proceedings
  755. 10.136Notice to creditors who have not proved
  756. 10.137The hearing
  757. 10.138Matters to be proved under section 282(1)(b)
  758. 10.139Notice to creditors
  759. 10.140Other matters arising on annulment
  760. 10.141Trustee's final account
  761. 17Discharge
  762. 10.142Application for suspension of discharge
  763. 10.143Lifting of suspension of discharge
  764. 10.144Certificate of discharge from bankruptcy order made otherwise than on a bankruptcy application
  765. 10.145Certificate of discharge from bankruptcy order made on a bankruptcy application
  766. 10.146Rule 10.146
  767. 10.147Costs under this Chapter
  768. 18Priority of payment of costs etc. out of the bankrupt's estate
  769. 10.148Expenses
  770. 10.149General rule as to priority
  771. 19Second bankruptcy
  772. 10.150Rule 10.150
  773. 10.151General duty of existing trustee
  774. 10.152Delivery up to later trustee
  775. 10.153Existing trustee's expenses
  776. 20Criminal bankruptcy
  777. 10.153AApplication
  778. 10.154Contents of petition
  779. 10.155Status and functions of Official Petitioner
  780. 10.156Interim receivership
  781. 10.157Proof of bankruptcy debts and notice of order
  782. 10.158Rules not applying in criminal bankruptcy
  783. 10.159Annulment of criminal bankruptcy order
  784. 10.160Application by bankrupt for discharge
  785. 10.161Report of official receiver
  786. 10.162Order of discharge
  787. 10.163Deferment of issue of order pending appeal
  788. 10.164Costs under this Chapter
  789. 21Miscellaneous rules in bankruptcy
  790. 10.165Amendment of title of proceedings
  791. 10.166Application for redirection order
  792. 10.167Bankrupt's home: property falling within section 283A
  793. 10.168Application in relation to the vesting of an interest in a dwelling-house (registered land)
  794. 10.169Vesting of bankrupt's interest (unregistered land)
  795. 10.170Rule 10.170
  796. 10.171Charging order
  797. Part 11: BANKRUPTCY AND DEBT RELIEF RESTRICTIONS ORDERS AND UNDERTAKINGS AND THE INSOLVENCY REGISTERS
  798. Chapter 1: Interpretation
  799. 11.1References to the Secretary of State
  800. 2Bankruptcy and debt relief restrictions orders (Schedules 4ZB and 4A)
  801. 11.2Application for a bankruptcy or debt relief restrictions order
  802. 11.3Service of the application on the bankrupt or debtor
  803. 11.4The bankrupt's or debtor's evidence opposing an application
  804. 11.5Making a bankruptcy or debt relief restrictions order
  805. 3Interim bankruptcy and debt relief restrictions orders
  806. 11.6Application for an interim bankruptcy or debt relief restrictions order
  807. 11.7Making an interim bankruptcy or debt relief restrictions order
  808. 11.8Application to set aside an interim order
  809. 11.9Order setting aside an interim order
  810. 4Bankruptcy restrictions and debt relief restrictions undertakings
  811. 11.10Acceptance of a bankruptcy restrictions or a debt relief restrictions undertaking
  812. 11.11Notification
  813. 11.12Application to annul a bankruptcy restrictions or a debt relief restrictions undertaking
  814. Chapter 5: Insolvency Registers: General
  815. 11.13Maintenance of the registers and inspection
  816. Chapter 6: Individual insolvency register
  817. 11.14Entry of information on the individual insolvency register: IVAs
  818. 11.15Deletion of information from the individual insolvency register: IVAs
  819. 11.16Entry of information on to the individual insolvency register: bankruptcy orders
  820. 11.17Deletion of information from the individual insolvency register: bankruptcy orders
  821. 11.18Entry of information on to the individual insolvency register: debt relief orders
  822. 11.19Deletion of information from the individual insolvency register: debt relief orders
  823. Chapter 7: Bankruptcy and debt relief restrictions register
  824. 11.20Bankruptcy restrictions and debt relief restrictions orders and undertakings: entry of information on the registers
  825. 11.21Deletion of information from the registers
  826. Chapter 8: Rectification of registers and death of persons on register
  827. 11.22Rectification of the registers
  828. 11.23Death of a person about whom information is held on a register
  829. Part 12: COURT PROCEDURE AND PRACTICE
  830. Chapter 1: General
  831. Application of the Civil Procedure Rules 1998
  832. 12.1Court rules and practice to apply
  833. 12.2Performance of functions by the Court
  834. 2Commencement of insolvency proceedings in the County Court
  835. 12.3Commencement of insolvency proceedings under Part A1 to 7 of the Act (corporate insolvency proceedings)
  836. 12.4Commencement of insolvency proceedings under Parts 7A to 11 of the Act (personal insolvency proceedings; bankruptcy)
  837. 12.5Allocation of proceedings to the London Insolvency District
  838. 3Making applications to court: general
  839. 12.6Preliminary
  840. 12.7Rule 12.7
  841. 12.8Fixing the venue
  842. 12.9Service or delivery of application
  843. 12.10Hearing in urgent case
  844. 12.11Directions
  845. 12.12Hearing and determination without notice
  846. 12.13Adjournment of the hearing of an application
  847. 4Making applications to court: specific applications
  848. Sub-division A: Applications in connection with section 176A (prescribed part)
  849. 12.14Applications under section 176A(5) to disapply section 176A
  850. 12.15Notice of application under section 176A(5)
  851. 12.16Notice of an order under section 176A(5)
  852. Sub-division B: Applications for private examination (sections 236, 251N and 366)
  853. 12.17Application of this sub-division and interpretation
  854. 12.18Contents of application
  855. 12.19Order for examination etc.
  856. 12.20Procedure for examination
  857. 12.21Record of examination
  858. 12.22Costs of proceedings under sections 236, 251N and 366
  859. Sub-division C – persons unable to manage own property or affairs
  860. 12.23Application and interpretation
  861. 12.24Appointment of another person to act
  862. 12.25Witness statement in support of application
  863. 12.26Service of notices following appointment
  864. 5Obtaining information and evidence
  865. 12.27Further information and disclosure
  866. 12.28Witness statements and reports
  867. 12.29Evidence provided by the official receiver, an insolvency practitioner or a special manager
  868. 6Transfer of proceedings
  869. Sub-division A : General
  870. 12.30General power of transfer
  871. 12.31Proceedings commenced in the wrong court
  872. 12.32Applications for transfer
  873. 12.33Procedure following order for transfer
  874. 12.34Consequential transfer of other proceedings
  875. Sub-division B : Block transfer of cases where insolvency practitioner has died etc.
  876. 12.35Interpretation
  877. 12.36Power to make a block transfer order
  878. 12.37Application for a block transfer order
  879. 12.38Action following application for a block transfer order
  880. 7The court file
  881. 12.39The court file
  882. 12.40Office copies of documents
  883. 8Costs
  884. 12.41Application of Chapter and interpretation
  885. 12.42Requirement to assess costs by the detailed procedure
  886. 12.43Procedure where detailed assessment is required
  887. 12.44Costs of officers charged with execution of writs or other process
  888. 12.45Petitions presented by insolvent companies
  889. 12.46Costs paid otherwise than out of the insolvent estate
  890. 12.47Awards of costs against an office-holder, the adjudicator or the official receiver
  891. 12.48Applications for costs
  892. 12.49Costs and expenses of petitioners and other specified persons
  893. 12.50Final costs certificate
  894. 9Enforcement procedures
  895. 12.51Enforcement of court orders
  896. 12.52Orders enforcing compliance
  897. 12.53Warrants (general provisions)
  898. 12.54Warrants under sections 134 and 364
  899. 12.55Warrants under sections 236, 251N and 366
  900. 12.56Warrants under section 365
  901. 12.57Execution overtaken by judgment debtor's insolvency
  902. 10Appeals
  903. 12.58Application of Chapter
  904. 12.59Appeals and reviews of court orders in corporate insolvency
  905. 12.60Appeals in bankruptcy by the Secretary of State
  906. 12.61Procedure on appeal
  907. 12.62Appeals against decisions of the Secretary of State or official receiver
  908. 11Court orders, formal defects and shorthand writers
  909. 12.63Court orders
  910. 12.64Formal defects
  911. 12.65Shorthand writers: nomination etc.
  912. Part 13: OFFICIAL RECEIVERS
  913. 13.1Official receivers in court
  914. 13.2Persons entitled to act on official receiver's behalf
  915. 13.3Application for directions
  916. 13.4Official receiver's expenses
  917. 13.5Official receiver not to be appointed liquidator or trustee
  918. Part 14: CLAIMS BY AND DISTRIBUTIONS TO CREDITORS IN A MORATORIUM, ADMINISTRATION, WINDING UP AND BANKRUPTCY
  919. Chapter 1: Application and interpretation
  920. 14.1Rule 14.1
  921. 2Creditors' claims in a moratorium, administration, winding up and bankruptcy
  922. 14.2Provable debts
  923. 14.3Proving a debt
  924. 14.4Requirements for proof
  925. 14.5Costs of proving
  926. 14.6Allowing inspection of proofs
  927. 14.7Admission and rejection of proofs for dividend
  928. 14.8Appeal against decision on proof
  929. 14.9Office-holder not liable for costs under rule 14.8
  930. 14.10Withdrawal or variation of proof
  931. 14.11Exclusion of proof by the court
  932. 14.12Rule 14.12
  933. 14.13Rule 14.13
  934. 14.14Moratorium, administration and winding up: estimate of value of debt
  935. 14.15Secured creditor: value of security
  936. 14.16Secured creditor: surrender for non-disclosure
  937. 14.17Secured creditor: redemption by office-holder
  938. 14.18Secured creditor: test of security's value
  939. 14.19Realisation or surrender of security by creditor
  940. 14.20Discounts
  941. 14.21Debts in foreign currency
  942. 14.22Payments of a periodical nature
  943. 14.23Rule 14.23
  944. 14.23AMoratoriums under Part A1 of the Act: mutual dealings and set off
  945. 14.24Administration: mutual dealings and set-off
  946. 14.25Winding up: mutual dealings and set-off
  947. 3Distribution to creditors in administration, winding up and bankruptcy
  948. 14.26Application of Chapter to a particular class of creditors and to distributions
  949. 14.27Rule 14.27
  950. 14.28Gazette notice of intended first dividend or distribution
  951. 14.29Individual notices to creditors etc. of intended dividend or distribution
  952. 14.30Contents of notice of intention to declare a dividend or make a distribution
  953. 14.31Further contents of notice to creditors owed small debts etc.
  954. 14.32Admission or rejection of proofs following last date for proving
  955. 14.33Postponement or cancellation of dividend
  956. 14.34Declaration of dividend
  957. 14.35Notice of declaration of a dividend
  958. 14.36Rule 14.36
  959. 14.37Contents of last notice about dividend (administration, winding up and bankruptcy)
  960. 14.38Rule 14.38
  961. 14.39Rule 14.39
  962. 14.40Supplementary provisions as to dividends and distributions
  963. 14.41Secured creditors
  964. 14.42Disqualification from dividend
  965. 14.43Assignment of right to dividend
  966. 14.44Debt payable at future time
  967. 14.45Rule 14.45
  968. Part 15: DECISION MAKING
  969. Chapter 1: Application of Part
  970. 15.1Application of Part
  971. 2Decision procedures
  972. 15.2Interpretation
  973. 15.3Rule 15.3
  974. 15.4Electronic voting
  975. 15.5Virtual meetings
  976. 15.6Physical meetings
  977. 15.7Rule 15.7
  978. 3Notices, voting and venues for decisions
  979. 15.8Notices to creditors of decision procedure
  980. 15.9Voting in a decision procedure
  981. 15.10Venue for decision procedure
  982. 15.11Rule 15.11
  983. 15.12Notice of decision procedure by advertisement only
  984. 15.13Gazetting and advertisement of meeting
  985. 15.14Notice to company officers, bankrupts etc. in respect of meetings
  986. 15.15Non-receipt of notice of decision
  987. 15.16Decisions on remuneration and conduct
  988. 4Decision making in particular proceedings
  989. 15.17Decisions in winding up of authorised deposit-takers
  990. 5Requisitioned decisions
  991. 15.18Rule 15.18
  992. 15.19Expenses and timing of requisitioned decision
  993. Chapter 6: Constitution of meetings
  994. 15.20Quorum at meetings
  995. 15.21Chair at meetings
  996. 15.22The chair – attendance, interventions and questions
  997. Chapter 7: Adjournment and suspension of meetings
  998. 15.23Adjournment by chair
  999. 15.23AAdjournment of meeting in, or for the purposes of, a moratorium under Part A1 of the Act
  1000. 15.24Adjournment of meetings to remove a liquidator or trustee
  1001. 15.25Adjournment in absence of chair
  1002. 15.26Proofs in adjournment
  1003. 15.27Suspension
  1004. 8Creditors' voting rights and majorities
  1005. 15.28Creditors' voting rights
  1006. 15.29Scheme manager's voting rights
  1007. 15.30Claim made in proceedings in other member States Repealed
  1008. 15.31Calculation of voting rights
  1009. 15.32Calculation of voting rights: special cases
  1010. 15.33Procedure for admitting creditors' claims for voting
  1011. 15.34Requisite majorities
  1012. 15.35Appeals against decisions under this Chapter
  1013. 9Exclusions from meetings
  1014. 15.36Action where person excluded
  1015. 15.37Indication to excluded person
  1016. 15.38Complaint
  1017. Chapter 10: Contributories' voting rights and majorities
  1018. 15.39Contributories' voting rights and requisite majorities
  1019. Chapter 11: Records
  1020. 15.40Record of a decision
  1021. Chapter 12: Company meetings
  1022. 15.41Company meetings
  1023. 15.42Remote attendance: notification requirements
  1024. 15.43Location of company meetings
  1025. 15.44Action where person excluded
  1026. 15.45Indication to excluded person
  1027. 15.46Complaint
  1028. 16PROXIES AND CORPORATE REPRESENTATION
  1029. 16.1Application and interpretation
  1030. 16.2Specific and continuing proxies
  1031. 16.3Blank proxy
  1032. 16.4Use of proxies
  1033. 16.5Use of proxies by the chair
  1034. 16.6Right of inspection and retention of proxies
  1035. 16.7Proxy-holder with financial interest
  1036. 16.8Rule 16.8
  1037. 16.9Instrument conferring authorisation to represent corporation
  1038. Part 17: CREDITORS' AND LIQUIDATION COMMITTEES
  1039. Chapter 1: Introductory
  1040. 17.1Scope and interpretation
  1041. Chapter 2: Functions of a committee
  1042. 17.2Functions of a committee
  1043. 3Membership and formalities of formation of a committee
  1044. 17.3Rule 17.3
  1045. 17.4Eligibility for membership of creditors' or liquidation committee
  1046. 17.5Establishment of committees
  1047. 17.6Liquidation committee established by contributories
  1048. 17.7Notice of change of membership of a committee
  1049. 17.8Vacancies: creditor members of creditors' or liquidation committee
  1050. 17.9Vacancies: contributory members of liquidation committee
  1051. 17.10Resignation
  1052. 17.11Termination of membership
  1053. 17.12Removal
  1054. 17.13Cessation of liquidation committee in a winding up when creditors are paid in full
  1055. 4Meetings of Committee
  1056. 17.14Meetings of committee
  1057. 17.15The chair at meetings
  1058. 17.16Quorum
  1059. 17.17Committee-members' representatives
  1060. 17.18Voting rights and resolutions
  1061. 17.19Resolutions by correspondence
  1062. 17.20Remote attendance at meetings of committee
  1063. 17.21Procedure for requests that a place for a meeting should be specified
  1064. 5Supply of information by the office-holder to the committee
  1065. 17.22Rule 17.22
  1066. 17.23Rule 17.23
  1067. 6Miscellaneous
  1068. 17.24Expenses of members etc.
  1069. 17.25Dealings by committee members and others
  1070. 17.26Dealings by committee members and others: administration and administrative receivership
  1071. 17.27Rule 17.27
  1072. 17.28Special rule for winding up by the court and bankruptcy: functions vested in the Secretary of State
  1073. 7Winding up by the court following an administration
  1074. 17.29Rule 17.29
  1075. 18REPORTING AND REMUNERATION OF OFFICE-HOLDERS
  1076. Chapter 1: Introductory
  1077. 18.1Scope of Part 18 and interpretation
  1078. 2Progress reports
  1079. 18.2Reporting by the office-holder
  1080. 18.3Rule 18.3
  1081. 18.4Information about remuneration
  1082. 18.5Information about pre-administration costs
  1083. 18.6Progress reports in administration: timing
  1084. 18.7Progress reports in voluntary winding up: timing
  1085. 18.8Progress reports in winding up by the court and bankruptcy: timing
  1086. 18.9Creditors' and members' requests for further information in administration, winding up and bankruptcy
  1087. 18.10Administration, creditors' voluntary liquidation and compulsory winding up: reporting distribution of property to creditors under rule 14.13
  1088. 18.11Voluntary winding up: reporting arrangement under section 110
  1089. 18.12Members' voluntary winding up: reporting distribution to members other than under section 110
  1090. 18.13Bankruptcy proceedings: reporting distribution of property to creditors under section 326
  1091. 3Final accounts in winding up and final reports in bankruptcy
  1092. 18.14Contents of final account (winding up) and final report (bankruptcy)
  1093. 4Remuneration and expenses in administration, winding up and bankruptcy
  1094. 18.15Application of Chapter
  1095. 18.16Remuneration: principles
  1096. 18.17Remuneration of joint office-holders
  1097. 18.18Remuneration: procedure for initial determination in an administration
  1098. 18.19Remuneration: procedure for initial determination in a members' voluntary winding up
  1099. 18.20Remuneration: procedure for initial determination in a creditors' voluntary winding up or a winding up by the court
  1100. 18.21Remuneration: procedure for initial determination in a bankruptcy
  1101. 18.22Application of scale fees where creditors fail to fix the basis of the office-holder's remuneration
  1102. 18.23Remuneration: application to the court to fix the basis
  1103. 18.24Remuneration: administrator, liquidator or trustee seeking increase etc.
  1104. 18.25Application for an increase etc. in remuneration: the general rule
  1105. 18.26First exception: administrator has made a statement under paragraph 52(1)(b) of Schedule B1
  1106. 18.27Second exception: administrator who had applied for increase etc. under rule 18.24 becomes liquidator
  1107. 18.28Remuneration: recourse by administrator, liquidator or trustee to the court
  1108. 18.29Remuneration: review at request of administrator, liquidator or trustee
  1109. 18.30Remuneration: exceeding the fee estimate
  1110. 18.31Remuneration: new administrator, liquidator or trustee
  1111. 18.32Remuneration: apportionment of set fees
  1112. 18.33Remuneration: variation of the application of rules 18.29, 18.30 and 18.32
  1113. 18.34Remuneration and expenses: application to court by a creditor or member on grounds that remuneration or expenses are excessive
  1114. 18.35Rule 18.35
  1115. 18.36Applications under rules 18.34 and 18.35 where the court has given permission for the application
  1116. 18.37Applications under rule 18.34 where the court's permission is not required for the application
  1117. 18.38Remuneration of a liquidator or trustee who realises assets on behalf of a secured creditor
  1118. 19Disclaimer in winding up and bankruptcy
  1119. 19.1Application of this Part
  1120. 19.2Notice of disclaimer (sections 178 and 315)
  1121. 19.3Notice of disclaimer to interested persons (sections 178 and 315)
  1122. 19.4Notice of disclaimer of leasehold property (sections 179 and 317)
  1123. 19.5Notice of disclaimer in respect of a dwelling house (bankruptcy) (section 318)
  1124. 19.6Additional notices of disclaimer
  1125. 19.7Records
  1126. 19.8Application for permission to disclaim in bankruptcy (section 315(4))
  1127. 19.9Application by interested party for decision on disclaimer (sections 178(5) and 316)
  1128. 19.10Disclaimer presumed valid and effective
  1129. 19.11Application for exercise of court's powers under section 181 (winding up) or section 320 (bankruptcy)
  1130. 20Debtors and their families at risk of violence: orders not to disclose current address
  1131. 20.1Application of this Part and interpretation
  1132. 20.2Proposed IVA (order for non-disclosure of current address)
  1133. 20.3IVA (order for non-disclosure of current address)
  1134. 20.4Debt relief application (order for non-disclosure of current address)
  1135. 20.5Bankruptcy application (order for non-disclosure of current address)
  1136. 20.6Bankruptcy and debt relief proceedings (order for non-disclosure of current address)
  1137. 20.7Additional provisions in respect of orders under rule 20.6(4)
  1138. 21The EU Regulation
  1139. 21.1Interpretation for this Part Repealed
  1140. 21.1ARule 21.1A Repealed
  1141. 21.2Conversion into winding up proceedings or bankruptcy: application Repealed
  1142. 21.3Conversion into winding up proceedings or bankruptcy: court order Repealed
  1143. 21.4Confirmation of creditors' voluntary winding up: application
  1144. 21.5Confirmation of creditors' voluntary winding up: court order
  1145. 21.6Confirmation of creditors' voluntary winding up: notice to member State liquidator Repealed
  1146. 21.7Proceedings in another member State: duty to give notice Repealed
  1147. 21.8Member State liquidator: rules on creditors' participation in proceedings Repealed
  1148. 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
  1149. 21.10Main proceedings in another member State: approval of undertaking offered by the member State liquidator to local creditors in the UK Repealed
  1150. 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
  1151. 21.12Group coordination proceedings (Section 2 of Chapter 5 of the EU Regulation) Repealed
  1152. 21.13Group coordination order (Article 68 EU Regulation) Repealed
  1153. 21.14Delivery of group coordination order to registrar of companies Repealed
  1154. 21.15Office-holder’s report Repealed
  1155. 21.16Publication of opening of proceedings by a member State liquidator Repealed
  1156. 21.17Statement by member State liquidator that insolvency proceedings in another member State are closed etc Repealed
  1157. 22PERMISSION TO ACT AS DIRECTOR ETC. OF COMPANY WITH A PROHIBITED NAME (SECTION 216)
  1158. 22.1Preliminary
  1159. 22.2Application for permission under section 216(3)
  1160. 22.3Power of court to call for liquidator's report
  1161. 22.4First excepted case
  1162. 22.5Statement as to the effect of the notice under rule 22.4(2)
  1163. 22.6Second excepted case
  1164. 22.7Third excepted case
  1165. Signature
  1166. Schedule 1Revocations
  1167. Schedule 2: Transitional and savings provisions
  1168. 1General
  1169. 2Requirement for office-holder to provide information to creditors on opting out
  1170. 3Electronic communication
  1171. 4Statements of affairs
  1172. 5Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence
  1173. 6Savings in respect of final meetings taking place on or after the commencement date
  1174. 7Progress reports and statements to the registrar of companies
  1175. 8Foreign currency
  1176. 9CVA moratoria
  1177. 10Priority of expenses of voluntary arrangements
  1178. 11General powers of liquidator
  1179. 12Fast-track voluntary arrangements
  1180. 13First trustee in bankruptcy
  1181. 14Applications before the court
  1182. 15Forms
  1183. 16Registers
  1184. 17Administrations commenced before 15th September 2003
  1185. 18Set-off in insolvency proceedings commenced before 1st April 2005
  1186. 19Calculating the value of future debts in insolvency proceedings commenced before 1st April 2005
  1187. 20Obligations arising under family proceedings where bankruptcy order is made on or before 31 March 2005
  1188. 21Insolvency practitioner fees and expenses estimates
  1189. 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
  1190. Schedule 3Punishment of offences under these Rules
  1191. Schedule 4: Service of documents
  1192. 1Paragraph 1
  1193. 2Service of winding-up petitions
  1194. 3Service of administration application (paragraph 12 of Schedule B1)
  1195. 4Service on joint office-holders
  1196. 5Service of orders staying proceedings
  1197. 6Certificate of service
  1198. Table of requirements for service
  1199. Schedule 5: Calculation of time periods
  1200. Paragraph
  1201. 1Paragraph 1
  1202. 2Paragraph 2
  1203. 3Paragraph 3
  1204. 4Paragraph 4
  1205. Schedule 6: Insolvency jurisdiction of county court hearing centres
  1206. Paragraph
  1207. Schedule 7: Information to be provided in the bankruptcy application
  1208. Part 1
  1209. Debtor's personal information
  1210. 1Paragraph 1
  1211. 2Paragraph 2
  1212. 3Paragraph 3
  1213. Part 2
  1214. Additional personal information
  1215. 4Paragraph 4
  1216. 5Paragraph 5
  1217. 6Paragraph 6
  1218. 7Paragraph 7
  1219. 8Paragraph 8
  1220. 9Paragraph 9
  1221. 10Paragraph 10
  1222. 11Paragraph 11
  1223. 12Paragraph 12
  1224. Occupation and employment details
  1225. 13Paragraph 13
  1226. 14Paragraph 14
  1227. 15Paragraph 15
  1228. 16Paragraph 16
  1229. 17Paragraph 17
  1230. 18Paragraph 18
  1231. 19Paragraph 19
  1232. 20Paragraph 20
  1233. Creditors
  1234. 21Paragraph 21
  1235. 22Paragraph 22
  1236. Legal proceedings
  1237. 23Paragraph 23
  1238. 24Paragraph 24
  1239. Assets and liabilities
  1240. 25Paragraph 25
  1241. 26Paragraph 26
  1242. 27Paragraph 27
  1243. 28Paragraph 28
  1244. Schedule 8: Additional information to be provided in the bankruptcy application
  1245. Part: Disposal of assets
  1246. 1Paragraph 1
  1247. 2Paragraph 2
  1248. Part: Financial arrangements with creditors
  1249. 3Paragraph 3
  1250. 4Paragraph 4
  1251. 5Paragraph 5
  1252. 6Paragraph 6
  1253. Part: Legal and financial advisers
  1254. 7Paragraph 7
  1255. 8Paragraph 8
  1256. Part: Business affairs of a self-employed debtor
  1257. 9Paragraph 9
  1258. 10Paragraph 10
  1259. 11Paragraph 11
  1260. Part: Financial affairs – assets
  1261. 12Paragraph 12
  1262. 13Paragraph 13
  1263. 14Paragraph 14
  1264. 15Paragraph 15
  1265. 16Paragraph 16
  1266. 17Paragraph 17
  1267. 18Paragraph 18
  1268. 19Paragraph 19
  1269. 20Paragraph 20
  1270. 21Paragraph 21
  1271. 22Paragraph 22
  1272. Part: Financial affairs – income and expenditure
  1273. 23Paragraph 23
  1274. 24Paragraph 24
  1275. 25Paragraph 25
  1276. 26Paragraph 26
  1277. 27Paragraph 27
  1278. 28Paragraph 28
  1279. 29Paragraph 29
  1280. 30Paragraph 30
  1281. Part: Enforcement officers and enforcement agents
  1282. 31Paragraph 31
  1283. Part: Cause of insolvency
  1284. 32Paragraph 32
  1285. 33Paragraph 33
  1286. 34Paragraph 34
  1287. 35Paragraph 35
  1288. Schedule 9: Information to be given to creditors
  1289. 1Paragraph 1
  1290. 2Paragraph 2
  1291. 3Paragraph 3
  1292. 4Paragraph 4
  1293. 5Paragraph 5
  1294. 6Paragraph 6
  1295. 7Paragraph 7
  1296. 8Paragraph 8
  1297. 9Paragraph 9
  1298. 10Paragraph 10
  1299. 11Paragraph 11
  1300. 12Paragraph 12
  1301. 13Paragraph 13
  1302. 14Paragraph 14
  1303. 15Paragraph 15
  1304. 16Paragraph 16
  1305. 17Paragraph 17
  1306. 18Paragraph 18
  1307. 19Paragraph 19
  1308. 20Paragraph 20
  1309. 21Paragraph 21
  1310. 22Paragraph 22
  1311. Schedule 10Destination of appeals from decisions of District Judges in corporate insolvency matters
  1312. Schedule 11Determination of insolvency office-holder's remuneration
  1313. Explanatory note