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The Insolvency (England and Wales) Rules 2016

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Changes over time for: CHAPTER 7

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There are currently no known outstanding effects for the The Insolvency (England and Wales) Rules 2016, CHAPTER 7. Help about Changes to Legislation

CHAPTER 7E+WStandard contents of notices for delivery to other persons etc.

[Note: the requirements in Chapter 7 must be read with rule 1.6 which sets out the information required to identify an office-holder, a company etc.]

Standard contents of notices to be delivered to persons other than the registrar of companiesE+W

1.28.—(1) Where the Act or these Rules require a notice to be delivered to a person other than the registrar of companies in respect of proceedings under [F1Part A1] to 11 of the Act or the [F2EU Regulation], the notice must contain the standard contents set out in this Chapter (in addition to any content specifically required by the Act or another provision of these Rules).

(2) A notice of more than one type must satisfy the requirements which apply to each.

(3) However, the requirements in respect of a document which is to be delivered to another person at the same time as the registrar of companies may be satisfied by delivering to that other person a copy of the document delivered to the registrar.

Standard contents of all noticesE+W

1.29.  A notice must—

(a)state the nature of the notice;

(b)identify the proceedings;

(c)in the case of proceedings relating to an individual, identify the bankrupt or debtor;

(d)state the section of the Act, the paragraph of Schedule F3... B1 or the rule under which the notice is given; and

(e)in the case of a notice delivered by the office-holder, state the contact details for the office-holder.

Textual Amendments

Modifications etc. (not altering text)

Standard contents of notices relating to the office of office-holdersE+W

1.30.  A notice relating to the office of the office-holder must also identify the office-holder and state—

(a)the date of the event of which notice is delivered;

[F4(b)where the document relates to—

(i)an appointment, (other than an appointment to which sub-paragraph (b)(ii) refers), the person, body or court making the appointment; or

(ii)in the case of an appointment of a person as a monitor in respect of a moratorium for a company to which section A3 applies, the court with which the relevant documents, within the meaning given by section A6, were filed.]

(c)where the notice relates to the termination of an appointment, the reason for that termination.

Standard contents of notices relating to documentsE+W

1.31.  A notice relating to a document must also state—

(a)the nature of the document;

(b)the date of the document; and

(c)where the document relates to a period of time the period of time to which the document relates.

Modifications etc. (not altering text)

Standard contents of notices relating to court proceedings or ordersE+W

1.32.  A notice relating to court proceedings must also identify those proceedings and if the notice relates to a court order state—

(a)the nature of the order; and

(b)the date of the order.

Modifications etc. (not altering text)

Standard contents of notices of the results of decisionsE+W

1.33.  A notice of the result of a decision procedure, deemed consent procedure or meeting must also state—

(a)the purpose of the procedure or meeting;

(b)a description of the procedure or meeting used;

(c)in the case of a decision procedure or meeting, the venue;

(d)whether, in the case of a meeting, the required quorum was in place; and

(e)the outcome (including any decisions made or resolutions passed).

Modifications etc. (not altering text)

Standard contents of returns or reports of matters considered by company members by correspondenceE+W

1.34.  A return or report of a matter, consideration of which has been sought from the members of a company by correspondence, must also specify—

(a)the purpose of the consideration; and

(b)the outcome of the consideration (including any resolutions passed or deemed to be passed).

Modifications etc. (not altering text)

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