- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (29/06/2021)
- Gwreiddiol (a wnaed Fel)
The Insolvency (England and Wales) Rules 2016
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- Offerynnau Statudol y Deyrnas Unedig
- 2016 No. 1024
- Tabl o’r Cynnwys
Pa Fersiwn
Changes to legislation:
There are currently no known outstanding effects for the The Insolvency (England and Wales) Rules 2016.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
PART 1 SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS
CHAPTER 4 Standard contents of Gazette notices and the Gazette as evidence etc.
CHAPTER 5 Standard contents of notices advertised otherwise than in the Gazette
CHAPTER 6 Standard contents of documents to be delivered to the registrar of companies
1.19.Standard contents of documents delivered to the registrar of companies
1.22.Standard contents of documents relating to the office of office-holders
1.23.Standard contents of documents relating to other documents
1.24.Standard contents of documents relating to court orders
1.26.Standard contents of returns or reports of matters considered by company members by correspondence
1.27.Standard contents of documents relating to other events
CHAPTER 7 Standard contents of notices for delivery to other persons etc.
1.28.Standard contents of notices to be delivered to persons other than the registrar of companies
1.30.Standard contents of notices relating to the office of office-holders
1.32.Standard contents of notices relating to court proceedings or orders
1.33.Standard contents of notices of the results of decisions
1.34.Standard contents of returns or reports of matters considered by company members by correspondence
CHAPTER 9 Delivery of documents and opting out (sections 246C, 248A , 379C and 383A )
1.36.(1) This Chapter applies where a document is required under...
1.39.Office-holder to provide information to creditors on opting-out
Use of website by office-holder to deliver a particular document (sections 246B and 379B)
1.49.(1) This rule applies for the purposes of sections 246B...
1.51.Retention period for documents made available on websites
CHAPTER 10 Inspection of documents, copies and provision of information
PART 2 COMPANY VOLUNTARY ARRANGEMENTS (CVA)
CHAPTER 3 Procedure for a CVA without a moratorium
2.4.Procedure for proposal where the nominee is not the liquidator or the administrator (section 2)
2.7.Application to omit information from statement of affairs delivered to creditors
2.8.Additional disclosure for assistance of nominee where the nominee is not the liquidator or administrator
2.9.Nominee's report on proposal where the nominee is not the liquidator or administrator (section 2(2))
CHAPTER 4 Procedure for a CVA with a moratorium
2.11.Statement of affairs (paragraph 6(1)(b) of Schedule A1)
2.12.Application to omit information from a statement of affairs
2.13.The nominee's statement (paragraph 6(2) of Schedule A1)
2.14.Documents filed with court to obtain a moratorium (paragraph 7(1) of Schedule A1)
2.16.Notice of continuation of a moratorium where physical meeting of creditors is summoned (paragraph 8(3B) of Schedule A1)
2.17.Notice of decision extending or further extending a moratorium (paragraph 36 of Schedule A1)
2.18.Notice of court order extending or further extending or continuing or renewing a moratorium (paragraph 34(2) of Schedule A1)
2.19.Advertisement of end of a moratorium (paragraph 11(1) of Schedule A1)
2.21.Withdrawal of nominee's consent to act (paragraph 25(5) of Schedule A1)
2.22.Application to the court to replace the nominee (paragraph 28 of Schedule A1)
2.24.Applications to court to challenge nominee's actions etc. (paragraphs 26 and 27 of Schedule A1)
CHAPTER 5 Consideration of the proposal by the company members and creditors
CHAPTER 6 Additional matters concerning and following approval of CVA
CHAPTER 2 Appointment of administrator by Court
3.3.Administration application (paragraph 12 of Schedule B1)
3.6.Witness statement in support of administration application
3.9.Notice to enforcement agents charged with distress or other legal process, etc.
3.11.Intervention by holder of qualifying floating charge (paragraph 36(1)(b) of Schedule B1)
3.14.Order on an application under paragraph 37 or 38 of Schedule B1
CHAPTER 3 Appointment of administrator by holder of floating charge
CHAPTER 4 Appointment of administrator by company or directors
CHAPTER 6 Statement of affairs
Statement of affairs: notice requiring and delivery to the administrator (paragraph 47(1) of Schedule B1)
3.29.(1) A requirement under paragraph 47(1) of Schedule B1 for...
3.30.(1) The statement of the company's affairs must be headed...
3.33.Statement of affairs: release from requirement and extension of time
CHAPTER 7 Administrator's proposals
3.36.Administrator's proposals: statement of pre-administration costs
3.37.Advertising administrator's proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1)
3.41.Notice of the creditors' decision on the administrator's proposals (paragraph 53(2))
3.43.Notice of result of creditors' decision on revised proposals (paragraph 54(6))
CHAPTER 8 Limited disclosure of statements of affairs and proposals
CHAPTER 11 Extension and ending of administration
3.54.Application to extend an administration and extension by consent (paragraph 76(2) of Schedule B1)
3.55.Notice of automatic end of administration (paragraph 76 of Schedule B1)
3.56.Notice of end of administration when purposes achieved (paragraph 80(2) of Schedule B1)
3.57.Administrator's application for order ending administration (paragraph 79 of Schedule B1)
3.58.Creditor's application for order ending administration (paragraph 81 of Schedule B1)
Moving from administration to creditors' voluntary winding up (paragraph 83 of Schedule B1)
3.60.(1) This rule applies where the administrator delivers to the...
3.61.Moving from administration to dissolution (paragraph 84 of Schedule B1)
[Note: for the application of this Part see introductory rule...
CHAPTER 2 Administrative receivers (other than in Scottish receiverships)
4.5.Publication of appointment of administrative receiver (section 46(1))
Requirement to provide a statement of affairs (section 47(1))
4.6.(1) A requirement under section 47(1) for a nominated person...
Statement of affairs: contents and delivery of copy (section 47(2))
4.7.(1) The statement of affairs must be headed “Statement of...
4.9.Statement of affairs: retention by administrative receiver
4.10.Statement of affairs: release from requirement and extension of time (section 47(5))
4.13.Administrative receiver's report to the registrar of companies and secured creditors (section 48(1))
CHAPTER 3 Non-administrative receivers and the prescribed part
PART 5 MEMBERS' VOLUNTARY WINDING UP
5.3.Meetings in members' voluntary winding up of authorised deposit-takers
5.9.Delivery of proposed final account to members (section 94)
5.14.Application by former liquidator to the Secretary of State for release (section 173(2)(b))
5.15.Power of court to set aside certain transactions entered into by liquidator
5.16.Rule against improper solicitation by or on behalf of the liquidator
PART 6 CREDITORS' VOLUNTARY WINDING UP
CHAPTER 2 Statement of affairs and other information
Statement of affairs made out by the liquidator under section 95(1A)
(2) the “official rate” referred to in paragraph (2)(c) is...
6.2.(1) This rule applies to the statement of affairs made...
Statement of affairs made out by the directors under section 99(1)
6.3.(1) This rule applies to the statement of affairs made...
6.7.Expenses of statement of affairs and decisions sought from creditors
CHAPTER 3 Nomination and appointment of liquidators and information to creditors
6.11.Nomination of liquidator and information to creditors on conversion from members' voluntary winding up (section 96)
6.12.Creditors' decision on appointment other than at a meeting (conversion from members' voluntary winding up)
6.13.Information to creditors and contributories (conversion of members' voluntary winding up into creditors' voluntary winding up)
6.16.Further information where administrator becomes liquidator (paragraph 83(3) of Schedule B1)
6.19.Invitation to creditors to form a liquidation committee
CHAPTER 7 Litigation expenses and property subject to a floating charge
PART 7 WINDING UP BY THE COURT
CHAPTER 2 The statutory demand (sections 123(1)(a) and 222(1)(a))
CHAPTER 3 Petition for winding-up order
[Notes: (1) for petitions by a contributory or relevant office-holder...
7.8.Court to which petition is to be presented where the company is subject to a CVA or is in administration
7.9.Copies of petition to be served on company or delivered to other persons
7.17.Substitution of creditor or contributory for petitioner
7.24.Injunction to restrain presentation or notice of petition
CHAPTER 4 Petition by a contributory or a relevant office-holder
[Note: (1) “relevant office-holder” is defined in rule 7.4(2);
7.26.Contents of petition for winding-up order by a contributory
7.30.Request to appoint former administrator or supervisor as liquidator (section 140)
7.32.Order 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
CHAPTER 7 Reports and information to creditors and contributories
7.53.Appointment of liquidator by creditors or contributories
7.55.Invitation to creditors and contributories to form a liquidation committee
7.59.Appointment to be gazetted and notice given to registrar of companies
7.62.Notice to official receiver of intention to vacate office
7.66.Removal of liquidator by the Secretary of State (section 172(4))
7.69.Application by liquidator for release (section 174(4)(b) or (d))
CHAPTER 13 Public examination of company officers and others (section 133)
7.98.Applications relating to promoters, past managers etc. (section 133(1)(c))
7.99.Request by a creditor for a public examination (section 133(2))
7.101.Further provisions about requests by a creditor or contributory for a public examination
7.106.(1) The court may adjourn the public examination from time...
CHAPTER 15 Litigation expenses and property subject to a floating charge
PART 8 INDIVIDUAL VOLUNTARY ARRANGEMENTS (IVA)
CHAPTER 3 Cases in which an application for an interim order is made
CHAPTER 7 Applications to annul bankruptcy orders under sections 261(2)(a) and (b)
CHAPTER 3 Verifying the application and determining the debtor's income and property
CHAPTER 5 Objection and revocation
9.15.Creditor's objection to a debt relief order (section 251K)
9.16.Official receiver's response to objection under section 251K
9.17.Creditor's request that a debt relief order be revoked (section 251L(4))
9.18.Procedure in revoking or amending a debt relief order (section 251L)
9.19.Debtor's notification of official receiver of matters in section 251J(3) or (5)
9.20.Death of debtor during a moratorium period under a debt relief order
CHAPTER 3 Debtors' bankruptcy applications
10.36.Procedure for making a bankruptcy application and communication with the adjudicator
10.37.Application to the Chief Land Registrar to register a bankruptcy application
10.42.Refusal to make a bankruptcy order and contents of notice of refusal
10.44.Appeal to the court following a review of refusal to make a bankruptcy order
CHAPTER 6 THE TRUSTEE IN BANKRUPTCY
Sub-division C: release on completion of administration of bankrupt's estate
10.86.Release of official receiver on completion of administration (section 299)
10.87.Vacation of office on completion of bankruptcy (sections 298(8) and 331)
10.89.Notice to official receiver of intention to vacate office
10.93.Enforcement of trustee's obligations to official receiver (section 305(3))
CHAPTER 10 Income payments orders
CHAPTER 18 Priority of payment of costs etc. out of the bankrupt's estate
CHAPTER 20 Criminal bankruptcy
PART 11 BANKRUPTCY AND DEBT RELIEF RESTRICTIONS ORDERS AND UNDERTAKINGS AND THE INSOLVENCY REGISTERS
CHAPTER 2 Bankruptcy and debt relief restrictions orders (Schedules 4ZB and 4A)
CHAPTER 3 Interim bankruptcy and debt relief restrictions orders
CHAPTER 4 Bankruptcy restrictions and debt relief restrictions undertakings
CHAPTER 6 Individual insolvency register
11.14.Entry of information on the individual insolvency register: IVAs
11.15.Deletion of information from the individual insolvency register: IVAs
11.16.Entry of information on to the individual insolvency register: bankruptcy orders
11.17.Deletion of information from the individual insolvency register: bankruptcy orders
11.18.Entry of information on to the individual insolvency register: debt relief orders
11.19.Deletion of information from the individual insolvency register: debt relief orders
CHAPTER 8 Rectification of registers and death of persons on register
PART 12 COURT PROCEDURE AND PRACTICE
CHAPTER 2 Commencement of insolvency proceedings in the County Court
CHAPTER 4 Making applications to court: specific applications
CHAPTER 9 Enforcement procedures
CHAPTER 11 Court orders, formal defects and shorthand writers
PART 14 CLAIMS BY AND DISTRIBUTIONS TO CREDITORS IN ADMINISTRATION, WINDING UP AND BANKRUPTCY
CHAPTER 2 Creditors' claims in administration, winding up and bankruptcy
CHAPTER 3 Distribution to creditors in administration, winding up and bankruptcy
14.26.Application of Chapter to a particular class of creditors and to distributions
14.27.Whenever a liquidator in a creditors' voluntary winding up or...
14.28.Gazette notice of intended first dividend or distribution
14.29.Individual notices to creditors etc. of intended dividend or distribution
14.30.Contents of notice of intention to declare a dividend or make a distribution
14.31.Further contents of notice to creditors owed small debts etc.
14.32.Admission or rejection of proofs following last date for proving
14.36.(1) When the liquidator in a winding up has realised...
14.37.Contents of last notice about dividend (administration, winding up and bankruptcy)
14.38.(1) Where, in an administration or winding up, it is...
14.39.In an administration or winding up, in the calculation and...
14.40.Supplementary provisions as to dividends and distributions
14.45.(1) No action lies against the office-holder in an administration...
CHAPTER 8 Creditors' voting rights and majorities
PART 17 CREDITORS' AND LIQUIDATION COMMITTEES
CHAPTER 3 Membership and formalities of formation of a committee
17.3.(1) A committee in an administration, administrative receivership or a...
17.4.Eligibility for membership of creditors' or liquidation committee
17.8.Vacancies: creditor members of creditors' or liquidation committee
17.9.Vacancies: contributory members of liquidation committee
17.13.Cessation of liquidation committee in a winding up when creditors are paid in full
CHAPTER 5 Supply of information by the office-holder to the committee
Notice requiring office-holder to attend the creditors' committee (administration and administrative receivership) (paragraph 57(3)(a) of Schedule B1 and section 49(2))
Office-holder's obligation to supply information to the committee (winding up and bankruptcy)
17.23.(1) This rule applies in relation to a creditors' voluntary...
CHAPTER 7 Winding up by the court following an administration
PART 18 REPORTING AND REMUNERATION OF OFFICE-HOLDERS
Contents of progress reports in administration, winding up and bankruptcy
18.3.(1) The office-holder's progress report in an administration, winding up...
18.8.Progress reports in winding up by the court and bankruptcy: timing
18.9.Creditors' and members' requests for further information in administration, winding up and bankruptcy
18.10.Administration, creditors' voluntary liquidation and compulsory winding up: reporting distribution of property to creditors under rule 14.13
18.11.Voluntary winding up: reporting arrangement under section 110
18.12.Members' voluntary winding up: reporting distribution to members other than under section 110
18.13.Bankruptcy proceedings: reporting distribution of property to creditors under section 326
CHAPTER 3 Final accounts in winding up and final reports in bankruptcy
CHAPTER 4 Remuneration and expenses in administration, winding up and bankruptcy
18.18.Remuneration: procedure for initial determination in an administration
18.19.Remuneration: procedure for initial determination in a members' voluntary winding up
18.20.Remuneration: procedure for initial determination in a creditors' voluntary winding up or a winding up by the court
18.21.Remuneration: procedure for initial determination in a bankruptcy
18.22.Application of scale fees where creditors fail to fix the basis of the office-holder's remuneration
18.23.Remuneration: application to the court to fix the basis
18.24.Remuneration: administrator, liquidator or trustee seeking increase etc.
18.25.Application for an increase etc. in remuneration: the general rule
18.26.First exception: administrator has made a statement under paragraph 52(1)(b) of Schedule B1
18.27.Second exception: administrator who had applied for increase etc. under rule 18.24 becomes liquidator
18.28.Remuneration: recourse by administrator, liquidator or trustee to the court
18.29.Remuneration: review at request of administrator, liquidator or trustee
18.31.Remuneration: new administrator, liquidator or trustee
18.33.Remuneration: variation of the application of rules 18.29, 18.30 and 18.32
18.34.Remuneration and expenses: application to court by a creditor or member on grounds that remuneration or expenses are excessive
Remuneration and expenses: application to court by a bankrupt on grounds that remuneration or expenses are excessive
18.35.(1) A bankrupt may, with the permission of the court,...
18.36.Applications under rules 18.34 and 18.35 where the court has given permission for the application
18.37.Applications under rule 18.34 where the court's permission is not required for the application
18.38.Remuneration of a liquidator or trustee who realises assets on behalf of a secured creditor
PART 19 Disclaimer in winding up and bankruptcy
19.3.Notice of disclaimer to interested persons (sections 178 and 315)
19.4.Notice of disclaimer of leasehold property (sections 179 and 317)
19.5.Notice of disclaimer in respect of a dwelling house (bankruptcy) (section 318)
19.8.Application for permission to disclaim in bankruptcy (section 315(4))
19.9.Application by interested party for decision on disclaimer (sections 178(5) and 316)
19.11.Application for exercise of court's powers under section 181 (winding up) or section 320 (bankruptcy)
PART 20 Debtors and their families at risk of violence: orders not to disclose current address
20.2.Proposed IVA (order for non-disclosure of current address)
20.4.Debt relief application (order for non-disclosure of current address)
20.5.Bankruptcy application (order for non-disclosure of current address)
20.6.Bankruptcy and debt relief proceedings (order for non-disclosure of current address)
20.7.Additional provisions in respect of orders under rule 20.6(4)
21.1A.Where an application is made to the court under the...
21.2.Conversion into winding up proceedings or bankruptcy: application
21.3.Conversion into winding up proceedings or bankruptcy: court order
21.4.Confirmation of creditors' voluntary winding up: application
21.5.Confirmation of creditors' voluntary winding up: court order
21.6.Confirmation of creditors' voluntary winding up: notice to member State liquidator
21.7. Proceedings in another member State: duty to give notice
21.8.Member State liquidator: rules on creditors' participation in proceedings
21.9. Main proceedings in England and Wales: undertaking by office-holder in respect of assets in another member State (Article 36 of the EU Regulation)
21.10. Main proceedings in another member State: approval of undertaking offered by the member State liquidator to local creditors in the UK
21.11. Powers of an office-holder or member State liquidator in proceedings concerning members of a group of companies (Article 60 of the EU Regulation)
21.12. Group coordination proceedings (Section 2 of Chapter 5 of the EU Regulation)
21.14. Delivery of group coordination order to registrar of companies
21.16. Publication of opening of proceedings by a member State liquidator
21.17. Statement by member State liquidator that insolvency proceedings in another member State are closed etc
PART 22 PERMISSION TO ACT AS DIRECTOR ETC. OF COMPANY WITH A PROHIBITED NAME (SECTION 216)
Transitional and savings provisions
2.Requirement for office-holder to provide information to creditors on opting out
5.Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence
6.Savings in respect of final meetings taking place on or after the commencement date
7.Progress reports and statements to the registrar of companies
18.Set-off in insolvency proceedings commenced before 1st April 2005
19.Calculating the value of future debts in insolvency proceedings commenced before 1st April 2005
20.Obligations arising under family proceedings where bankruptcy order is made on or before 31 March 2005
22.Transitional 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
Information to be provided in the bankruptcy application
Additional information to be provided in the bankruptcy application
Financial affairs – income and expenditure
23.Debtor's total annual income from all sources, the sources of...
24.Total annual household income from all sources, the sources of...
28.Where the debtor has any current attachment of earnings orders...
29.Particulars of the debtor's mean monthly expenditure which the debtor...
30.Particulars of the debtor's monthly expenditure not otherwise provided under...
Information to be given to creditors
4.Any previous address at which the debtor has resided at...
9.Where the debtor is, or has been, self-employed other than...
13.Where any asset is owned jointly with another person, the...
16.Where the debtor regularly uses a motor vehicle that the...
20.Debtor's monthly surplus income after taking into account any contribution...
Destination of appeals from decisions of District Judges in corporate insolvency matters
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