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The Insolvency (Amendment) Rules 2015
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5. After Rule 2.109C (apportionment of set fee remuneration) of the 1986 Rules insert—
“Application of Rules 2.109A, 2.109AB and 2.109C where a company subsequently can make a distribution to unsecured creditors
2.109D.—(1) This Rule applies where—
(a)the basis of remuneration has been fixed in accordance with Rule 2.106(5A);
(b)the administrator now thinks that the company has sufficient property to enable a distribution to be made to unsecured creditors other than by virtue of section 176A(2)(a); and
(c)the administrator makes—
(i)a request under Rule 2.109A or 2.109AB; or
(ii)an application under Rule 2.109C.
(2) The request under Rules 2.109A and 2.109AB must be made—
(a)where there is a creditors’ committee, to the committee; or
(b)where there is no creditors’ committee, to the creditors under Rule 2.106(5);
and Rule 2.106(5A) will not apply.
(3) The application under Rule 2.109C must be made—
(a)where there is a creditors’ committee, to the committee; or
(b)where there is no creditors’ committee, to the creditors under Rule 2.106(5);
and Rule 2.106(5A) will not apply.”.
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