The Insolvency (England and Wales) Rules 2016

Gazette notice of intended first dividend or distribution E+W

14.28.—(1) Subject to paragraphs (2) and (4) where the office-holder intends to declare a first dividend or distribution the office-holder must gazette a notice containing—

(a) a statement that the office-holder intends to declare a first dividend or distribution;

(b) the date by which and place to which proofs must be delivered; and

(c) in the case of a members' voluntary winding up, where the dividend or distribution is to be a sole or final distribution, a statement that the distribution may be made without regard to the claim of any person in respect of a debt not proved.

(2) Where the intended dividend is only to preferential creditors [F1 or creditors in respect of a debt which is a moratorium debt or priority pre-moratorium debt within the meaning given by section 174A] the office-holder need only gazette a notice if the office-holder thinks fit.

(3) The office-holder may in addition advertise such a notice in such other manner (if any) as the office-holder thinks fit.

(4) Paragraph (1) does not apply where the office-holder has previously, by a notice which has been gazetted, invited creditors to prove their debts.

Textual Amendments

F1 Words in rule 14.28(2) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 61 (with rules 4, 5)

Modifications etc. (not altering text)

C1 Rules 14.28-14.35 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 104-108, Sch. (with rule 2(2))