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The Insolvency (Scotland) Rules 1986

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Application of the Bankruptcy Act

4.16.—(1) Subject to the provisions in this Chapter, the following provisions of the Bankruptcy Act shall apply in relation to a liquidation of a company in like manner as they apply in a sequestration of a debtor's estate, subject to the modifications specified in paragraph (2) and to any other necessary modifications:-

(a)section 22(5) and (10) (criminal offence in relation to producing false claims or evidence);

(b)section 48(5), (6) and (8), together with sections 44(2) and (3) and 47(1) as applied by those sections (further evidence in relation to claims);

(c)section 49 (adjudication of claim);

(d)section 50 (entitlement to vote and draw dividend);

(e)section 60 (liabilities and rights of co-obligants); and

(f)Schedule 1 except paragraphs 2, 4 and 6 (determination of amount of creditor's claim).

(2) For any reference in the provisions of the Bankruptcy Act, as applied by these Rules, to any expression in column 1 below, there shall be substituted a reference to the expression in column 2 opposite thereto -

Column 1Column 2
Interim trusteeLiquidator
Permanent trusteeLiquidator
SequestrationLiquidation
Date of sequestrationDate of commencement of winding up within the meaning of section 129
DebtorCompany
Debtor's assetsCompany's assets
Accountant in BankruptcyThe court
CommissionersLiquidation committee
SheriffThe court
Preferred debtsPreferential debts within the meaning of section 386

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