The Insurers (Winding Up) (Scotland) Rules 2001

Attribution of liabilities to company’s long-term business

9.—(1) This rule applies in the case of a company carrying on long-term business if at the liquidation date there are liabilities of the company in respect of which it is not clear from the accounting and other records of the company whether they are or are not attributable to the company’s long-term business.

(2) The liquidator shall, in such manner and according to such accounting principles as he shall determine, identify the liabilities referred to in paragraph (1) as attributable or not attributable to a company’s long-term business and those liabilities shall for the purposes of the winding up be deemed as at the liquidation date to be so attributable or not as the case may be.

(3) For the purposes of paragraph (2) the liquidator may—

(a) determine that some liabilities are attributable to the company’s long-term business and that others are not (the first method); or

(b) determine that a part of a liability shall be attributable to the company’s long-term business and that the remainder of the liability is not (the second method),

and he may use the first method for some of the liabilities and the second method for the remainder of them.

(4) Notwithstanding anything in the preceding paragraphs of this rule, the court may order that the determination of which (if any) of the liabilities referred to in paragraph (1) are attributable to the company’s long-term business and which (if any) are not shall be made in such manner and by such methods as the court may direct or the court may itself make the determination.