- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Rule 4.078(7)
1. This Schedule applies as does Rule 4.078.
2. In relation to any meeting at which the Deposit Protection Board is under Rule 4.078 entitled to be represented, the Board may submit in the liquidation, instead of a proof, a written statement of voting rights (“the statement”).
3. The statement shall contain details of—
(a)the names of creditors of the company in respect of whom an obligation of the Board has arisen or may reasonably be expected to arise as a result of the liquidation or proposed liquidation;
(b)the amount of the obligation so arising; and
(c)the total amount of all such obligations specified in the statement.
4. The Board's statement shall, for the purpose of voting at a meeting (but for no other purpose), be treated in all respects as if it were a proof.
5. Any voting rights which a creditor might otherwise exercise at a meeting in respect of a claim against the company are reduced by a sum equal to the amount of that claim in relation to which the Board, by virtue of its having submitted a statement, is entitled to exercise voting rights at that meeting.
6. The Board may from time to time submit a further statement, and, if it does so, that statement supersedes any statement previously submitted.
Rule 12.08
FORM NO. | TITLE |
---|---|
PART 1: COMPANY VOLUNTARY ARRANGEMENTS | |
1.1 | Report of meetings approving voluntary arrangement |
1.2 | Order of revocation or suspension of voluntary arrangement |
1.3 | Voluntary arrangement's supervisor's abstract of receipts and payments |
1.4 | Notice of completion of voluntary arrangement |
PART 2: ADMINISTRATION PROCEDURE | |
2.01 | Petition for administration order |
2.02 | Consent of administrator(s) to act |
2.03 | Affidavit of service of petition for administration order |
2.04 | Administration order |
2.05 | Notice to administrator of administration order |
2.06 | Notice of administration order (for newspaper or Belfast Gazette) |
2.07 | Notice of administration order |
2.08 | Administration order |
2.09 | Notice requiring preparation and submission of administration statement of affairs |
2.10 | Statement of affairs-administration |
2.11 | Notice to directors and others to attend meeting of creditors |
2.12 | Notice of creditors' meeting in administration proceedings |
2.13 | Report of meeting of creditors |
2.14 | Certificate of constitution [amended certificate] of creditors' committee |
2.15 | Notice by administrator of a change in committee membership |
2.16 | Administrator's abstract of receipts and payments |
2.17 | Notice to court of resignation by administrator under Rule 2.57(1) of the Insolvency Rules (Northern Ireland) 1991 |
2.18 | Notice to court of resignation by administrator under Rule 2.57(2) of the Insolvency Rules (Northern Ireland) 1991 |
2.19 | Notice of order to deal with charged property |
2.20 | Notice of discharge of administration order |
2.21 | Notice of variation of administration order |
2.22 | Statement of administrator's proposals |
2.23 | Statement of revised proposals and notice of meeting to consider them |
2.24 | Notice of result of meeting of creditors |
PART 3: ADMINSTRATIVE RECEIVERSHIP | |
3.01 | Written acceptance of appointment by receiver |
3.02 | Notice of appointment of administrative receiver (for newspaper or Belfast Gazette) |
3.03 | Notice requiring preparation and submission of administrative receivership statement of affairs |
3.04 | Statement of affairs-administrative receivership |
3.05 | Statement of affairs in administrative receivership following report to creditors |
3.06 | Certificate of constitution [amended certificate] of creditor's committee |
3.07 | Administrative receiver's report as to change in membership of creditors' committee |
3.08 | Receiver or manager or administrative receiver's abstract of receipts and payments |
3.09 | Notice of administrative receiver's death |
3.10 | Notice of order to dispose of charged property |
3.11 | Notice of resignation of administrative receiver pursuant to Article 55(1) of the Insolvency (Northern Ireland) Order 1989 |
3.12 | Administrative receiver's report |
PART 4: COMPANIES WINDING UP | |
4.01 | Statutory demand under Article 103(1)(a) or 185(1) of the Insolvency (Northern Ireland) Order 1989 |
4.02 | Winding-up petition |
4.03 | Affidavit verifying winding-up petition |
4.04 | Affidavit of service of winding-up petition at registered office |
4.05 | Affidavit of service of winding-up petition other than at registered office or on a Part XXIII company |
4.06 | Advertisement of winding-up petition |
4.07 | Certificate that relevant provisions of Rules have been complied with |
4.08 | Order for leave to withdraw winding-up petition |
4.09 | Notice of intention to appear on petition |
4.10 | List of persons intending to appear on the hearing of the petition |
4.11 | Order for winding up by the court |
4.12 | Order for winding up by the court following upon the discharge of an administration order |
4.13 | Notice to official receiver of winding-up order |
4.14 | Petition by contributory |
4.15 | Notice to official receiver of appointment of provisional liquidator |
4.16 | Order of appointment of provisional liquidator |
4.17 | Notice requiring preparation and submission of statement of company's affairs |
4.18 | Statement of affairs-winding up by court |
4.19 | Statement of affairs-voluntary liquidator |
4.20 | Statement of affairs-creditors' voluntary winding up |
4.21 | Statement of company's affairs to registrar of companies |
4.22 | Request by creditor(s) for a meeting of the company's creditors [and contributories] |
4.23 | Notice to creditors of meeting of creditors |
4.24 | Notice to contributories of meeting of contributories |
4.25 | Request by contributory/contributories for a meeting of the company's contributories |
4.26 | Proof of debt-general form |
4.27 | Affidavit of debt |
4.28 | Certificate of appointment of liquidator by meeting |
4.29 | Certificate of appointment of two or more liquidators by meeting |
4.30 | Order of court appointing liquidator |
4.31 | Order of court appointing two or more liquidators |
4.32 | Notice of appointment of liquidator in winding up by the court |
4.33 | Notice to court of resignation of liquidator following meeting of creditors |
4.34 | Notice of resignation as voluntary liquidator under Article 145(5) of the Insolvency (Northern Ireland) Order 1989 |
4.35 | Order of court giving liquidator leave to resign |
4.36 | Copy order of court granting voluntary liquidator leave to resign |
4.37 | Notice to court of resignation of liquidator following leave of the court |
4.38 | Certificate of removal of liquidator |
4.39 | Certificate of removal of voluntary liquidator |
4.40 | Order of court removing liquidator or directing liquidator to summon a meeting of creditors for the purpose of his removal |
4.41 | Notice of ceasing to act as voluntary liquidator |
4.42 | Liquidator's application to the Department of Economic Development |
4.43 | Notice to court of final meeting of creditors |
4.44 | Notice of final meeting of creditors |
4.45 | Notice of death of voluntary liquidator |
4.46 | Notice to official receiver or Department of Economic Development by liquidator on loss of qualification as insolvency practitioner |
4.47 | Notice of vacation of office by voluntary liquidator |
4.48 | Certificate of constitution [amended certificate] of liquidation committee |
4.49 | Notice of constitution of liquidation committee |
4.50 | Report by liquidator of any change in membership of liquidation committee |
4.51 | Liquidator's certificate that creditors paid in full |
4.52 | Certificate that creditors have been paid in full |
4.53 | Liquidator's certificate of continuance of liquidation committee |
4.54 | Notice of disclaimer under Article 152 of the Insolvency (Northern Ireland) Order 1989 4.55 Notice to elect |
4.56 | Notice of intended disclaimer to interested party |
4.57 | Affidavit of liquidator in support of application for call |
4.58 | Order giving leave to make a call |
4.59 | Notice of call sanctioned by the court or the liquidation committee to be sent to contributory 4.60 Order for payment of call due from contributory |
4.61 | Order of appointment of special manager |
4.62 | Order of public examination |
4.63 | Notice to official receiver by creditor requesting him to make application for the holding of a public examination |
4.64 | Notice to official receiver by contributory requesting him to make application for the holding of a public examination |
4.65 | Order as to examination of person who is suffering from mental disorder or physical affliction or disability |
4.66 | Affidavit of verification of record of the public examination |
4.67 | Order of adjournment of public examination |
4.68 | Order appointing time for proceeding with public examination adjourned generally |
4.69 | Liquidator's statement of receipts and payments |
4.70 | Order of court on appeal against Department of Economic Development's decision under Article 168(4) or 169(3) of the Insolvency (Northern Ireland) Order 1989 |
4.71 | Members' voluntary winding up declaration of solvency embodying a statement of assets and liabilities |
4.72 | Return of final meeting in a members' voluntary winding up |
4.73 | Return of final meeting in a creditors' voluntary winding up |
PART 5: INDIVIDUAL VOLUNTARY ARRANGEMENTS | |
5.1 | Order granting stay pending hearing of application for interim order |
5.2 | Interim order of court under Article 226 of the Insolvency (Northern Ireland) Order 1989 |
5.3 | Order extending effect of interim order |
5.4 | Alternative orders to be made at hearing to consider chairman's report |
PART 6: BANKRUPTCY | |
6.01 | Statutory demand under Article 242(1)(a) of the Insolvency (Northern Ireland) Order 1989-debt for liquidated sum payable immediately: general form |
6.02 | Statutory demand under Article 242(1)(a) of the Insolvency (Northern Ireland) Order 1989-debt for liquidated sum payable immediately following a judgment or order of a court |
6.03 | Statutory demand under Article 242(2) of the Insolvency (Northern Ireland) Order 1989-debt payable at future date |
6.04 | Application to set aside statutory demand |
6.05 | Affidavit in support of application to set aside statutory demand |
6.06 | Order setting aside statutory demand |
6.07 | Creditor's bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately |
6.08 | Creditor's bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date |
6.09 | Creditor's bankruptcy petition on certificate of unenforceability of a judgment |
6.10 | Bankruptcy petition for default in connection with voluntary arrangement |
6.11 | Bankruptcy petition by the Law Society of Northern Ireland under Article 238(1)(d) of the Insolvency (Northern Ireland) Order 1989 |
6.12 | Affidavit of service of statutory demand where service acknowledged in writing |
6.13 | Affidavit of personal service of statutory demand where service not acknowledged in writing |
6.14 | Affidavit of substituted service of statutory demand where service not acknowledged in writing |
6.15 | Affidavit of truth of statements in bankruptcy petition |
6.16 | Order for substituted service of bankruptcy petition |
6.17 | Substituted service of bankruptcy petition-notice in Belfast Gazette/newspaper |
6.18 | Affidavit of personal service of bankruptcy petition |
6.19 | Affidavit of substituted service of bankruptcy petition |
6.20 | Notice by debtor of intention to oppose bankruptcy petition |
6.21 | Notice of intention to appear on bankruptcy petition |
6.22 | Certificate of continuing debt on hearing of bankruptcy petition |
6.23 | List of creditors intending to appear on the hearing of bankruptcy petition |
6.24 | Dismissal or withdrawal of bankruptcy petition |
6.25 | Order of adjournment of bankruptcy petition |
6.26 | Notice to debtor and creditors of order of adjournment of bankruptcy petition |
6.27 | Order for substitution of petitioner on creditor's petition |
6.28 | Change of carriage order |
6.29 | Bankruptcy order on petition other than debtor's |
6.30 | Debtor's bankruptcy petition |
6.31 | Statement of affairs (debtor's petition) |
6.32 | Order of appointment of insolvency practitioner to prepare a report under Article 248(1) of the Insolvency (Northern Ireland) Order 1989 |
6.33 | Bankruptcy order on debtor's petition |
6.34 | Revocation of certificate for summary administration |
6.35 | Order of appointment of interim receiver |
6.36 | Statement of affairs (petition other than debtor's) |
6.37 | Request by creditor(s) for a meeting of the bankrupt's creditors |
6.38 | Notice to creditors of meeting of creditors |
6.39 | Notice to bankrupt of meeting of creditors |
6.40 | Proof of debt-general form |
6.41 | Proof by existing trustee as a claim in later bankruptcy |
6.42 | Affidavit of debt |
6.43 | Certificate of appointment of trustee by creditors' meeting |
6.44 | Certificate of appointment of two or more trustees by creditors' meeting |
6.45 | Order of court appointing trustee |
6.46 | Order of court appointing two or more trustees |
6.47 | Notice to court of resignation of trustee following meeting of creditors |
6.48 | Order of court giving trustee leave to resign |
6.49 | Notice to court of resignation of trustee following leave of the court |
6.50 | Certificate of removal of trustee |
6.51 | Order of court removing trustee or directing trustee to summon a meeting of creditors for the purpose of his removal |
6.52 | Trustee's application to the Department of Economic Development for his release |
6.53 | Notice to court of final meeting of creditors |
6.54 | Notice to official receiver by trustee on loss of qualification as insolvency practitioner |
6.55 | Certificate of constitution [amended certificate] of creditors' committee |
6.56 | Report by trustee of any change in membership of creditors' committee |
6.57 | Order of appointment of special manager |
6.58 | Order for public examination of bankrupt |
6.59 | Request by creditor(s) for the holding of public examination of bankrupt |
6.60 | Order as to examination of bankrupt who is suffering from mental disorder or physical affliction or disability |
6.61 | Affidavit of verification of record of public examination of bankrupt |
6.62 | Order of adjournment of public examination of bankrupt |
6.63 | Order appointing time for proceeding with public examination of bankrupt adjourned generally |
6.64 | Notice of disclaimer under Article 288 of the Insolvency (Northern Ireland) Order 1989 |
6.65 | Notice to elect |
6.66 | Notice of intended disclaimer to interested party |
6.67 | Notice to bankrupt of application under Article 283 of the Insolvency (Northern Ireland) Order 1989 for income payments order |
6.68 | Order for income claimed under Article 283(3)(a) of the Insolvency (Northern Ireland) Order 1989 |
6.69 | Order for income claimed under Article 283(3)(b) of the Insolvency (Northern Ireland) Order 1989 |
6.70 | Order converting income payments order made under Article 283(3)(a) to an order under Article 283(3)(b) of the Insolvency (Northern Ireland) Order 1989 |
6.71 | Discharge or variation of order for income claimed under Article 283 of the Insolvency (Northern Ireland) Order 1989 |
6.72 | Order under Article 340(1) of the Insolvency (Northern Ireland) Order 1989 |
6.73 | Order under Article 340(2) of the Insolvency (Northern Ireland) Order 1989 |
6.74 | Order of annulment under Article 256 of the Insolvency (Northern Ireland) Order 1989 |
6.75 | Order of suspension of discharge under Article 253(3) of the Insolvency (Northern Ireland) Order 1989 |
6.76 | Order of court lifting suspension of discharge |
6.77 | Certificate that order suspending discharge has been lifted |
6.78 | Notice to court by bankrupt that he intends to dispute statements made by official receiver in his report under Article 262(2) of the Insolvency (Northern Ireland) Order 1989 |
6.79 | Order granting absolute/suspended discharge under Article 254(2)(b) or (c) of the Insolvency (Northern Ireland) Order 1989 |
6.80 | Certificate of discharge |
6.81 | Notice to existing trustee of the presentation of a petition for a later bankruptcy |
6.82 | Charging order under Article 286 of the Insolvency (Northern Ireland) Order 1989 |
6.83 | Order to Post Office under Article 342 of the Insolvency (Northern Ireland) Order 1989 |
PART 7: COURT PROCEDURE AND PRACTICE | |
7.01 | Originating application |
7.02 | Ordinary application |
7.03 | Declaration by official shorthand writer |
7.04 | Appointment of shorthand writer to take examination under the Insolvency (Northern Ireland) Order 1989 |
7.05 | Declaration by shorthand writer |
7.06 | Warrant for failure to attend examination under Article 113 of the Insolvency (Northern Ireland) Order 1989 |
7.07 | Warrant of arrest, etc. under Article 335 of the Insolvency (Northern Ireland) Order 1989 |
7.08 | Warrant of arrest, etc. under Article 200 or 337 of the Insolvency (Northern Ireland) Order 1989 |
7.09 | Order for production of person arrested under warrant issued under Articles 114, 200, 335 or 337 of the Insolvency (Northern Ireland) Order 1989 |
7.10 | Warrant of seizure of property under Article 336 of the Insolvency (Northern Ireland) Order 1989 |
7.11 | Search warrant under Article 336 of the Insolvency (Northern Ireland) Order 1989 |
7.12 | Order of discharge from custody under the Insolvency (Northern Ireland) Order 1989 [general] |
7.13 | Affidavit in support of application for committal for contempt of court |
7.14 | Warrant of committal for contempt |
7.15 | Order of discharge from custody on contempt |
7.16 | Order appointing person to act for incapacitated person |
PART 8: PROXIES AND COMPANY REPRESENTATION | |
8.1 | Proxy—company or individual voluntary arrangements |
8.2 | Proxy—administration |
8.3 | Proxy—administrative receivership |
8.4 | Proxy—winding up by the court or bankruptcy |
8.5 | Proxy—members' or creditors' voluntary winding up |
PART 9: EXAMINATION OF PERSONS CONCERNED IN COMPANY AND INDIVIDUAL INSOLVENCY | |
9.1 | Order under Article 200 or 337 of the Insolvency (Northern Ireland) Order 1989 |
Rule 12.22
Note: In the fourth and fifth columns of this Schedule, “the statutory maximum” means the prescribed sum under section 32 of the Magistrates' Courts Act 1980 (c.43).
Rule creating offence. | General nature of offence. | Mode of prosecution. | Punishment. | Daily default fine (where applicable). |
---|---|---|---|---|
Rule 1.30. | False representation or fraud for purpose of obtaining members' or creditors' consent to proposal for voluntary arrangement. | 1. on indictment. | 7 years or a fine, or both. | |
2. Summary. | 6 months or the statutory maximum, or both. | |||
Rule 2.56(4). | Administrator failing to send notification as to progress of administration. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
Rule 3.33(5). | Administrative receiver failing to send notification as to progress of receivership. | Summary. | One-fifth of the statutory maximum. | One-fiftieth of the statutory maximum. |
Rule 5.33. | False representation or fraud for purpose of obtaining creditors' consent to proposal for voluntary arrangement. | 1. On indictment. | 7 years or a fine, or both | |
2. Summary. | 6 months or the statutory maximum, or both. | |||
Rule 12.20. | False representation of status for purpose of inspecting documents. | 1. On indictment. | 2 years or a fine, or both. | |
2. Summary. | 6 months or the statutory maximum, or both. |
NOTE
The note In square brackets at the end of a Rule does not form part of these Rules "E.R." refers to a corresponding Rule in the Insolvency Rules 1986 which apply in England and Wales.
The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Rule without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: