The Insolvency (England and Wales) Rules 2016

1. Introductory Text

2. INTRODUCTORY RULES

   1. 1. Citation and commencement

   2. 2. Revocations

   3. 3. Extent and application

   4. 4. Transitional and savings provisions

   5. 5. Power of the Secretary of State to regulate certain matters

   6. 6. Punishment of offences

   7. 7. Review

3. PART 1 SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS

   1. CHAPTER 1 Scope of these Rules

      1. 1.1. Scope

   2. CHAPTER 2 Interpretation

      1. 1.2. Defined terms

      2. 1.3. Calculation of time periods

   3. CHAPTER 3 Form and content of documents

      1. 1.4. Requirement for writing and form of documents

      2. 1.5. Authentication

      3. 1.6. Information required to identify persons and proceedings etc.

      4. 1.7. Reasons for stating that proceedings are or will be main, secondary etc. under the EC Regulation

      5. 1.8. Prescribed format of documents

      6. 1.9. Variations from prescribed contents

   4. CHAPTER 4 Standard contents of Gazette notices and the Gazette as evidence etc.

      1. 1.10. Contents of notices to be gazetted under the Act or Rules

      2. 1.11. Standard contents of all notices

      3. 1.12. Gazette notices relating to a company

      4. 1.13. Gazette notices relating to a bankruptcy

      5. 1.14. The Gazette: evidence, variations and errors

   5. CHAPTER 5 Standard contents of notices advertised otherwise than in the Gazette

      1. 1.15. Standard contents of notices advertised otherwise than in the Gazette

      2. 1.16. Non-Gazette notices relating to a company

      3. 1.17. Non-Gazette notices relating to a bankruptcy

      4. 1.18. Non-Gazette notices: other provisions

   6. CHAPTER 6 Standard contents of documents to be delivered to the registrar of companies

      1. 1.19. Standard contents of documents delivered to the registrar of companies

      2. 1.20. Registrar of companies: covering notices

      3. 1.21. Standard contents of all documents

      4. 1.22. Standard contents of documents relating to the office of office-holders

      5. 1.23. Standard contents of documents relating to other documents

      6. 1.24. Standard contents of documents relating to court orders

      7. 1.25. Standard contents of returns or reports of decisions

      8. 1.26. Standard contents of returns or reports of matters considered by company members by correspondence

      9. 1.27. Standard contents of documents relating to other events

   7. CHAPTER 7 Standard contents of notices for delivery to other persons etc.

      1. 1.28. Standard contents of notices to be delivered to persons other than the registrar of companies

      2. 1.29. Standard contents of all notices

      3. 1.30. Standard contents of notices relating to the office of office-holders

      4. 1.31. Standard contents of notices relating to documents

      5. 1.32. Standard contents of notices relating to court proceedings or orders

      6. 1.33. Standard contents of notices of the results of decisions

      7. 1.34. Standard contents of returns or reports of matters considered by company members by correspondence

   8. CHAPTER 8 Applications to the court

      1. 1.35. Standard contents and authentication of applications to the court under Parts 1 to 11 of the Act

   9. CHAPTER 9 Delivery of documents and opting out (sections 246C, 248A, 379C and 383A)

      1. Application of Chapter

      2. 1.36. Application of Chapter

      3. 1.37. Delivery to the creditors and opting out

      4. 1.38. Creditor’s election to opt out

      5. 1.39. Office-holder to provide information to creditors on opting-out

      6. 1.40. Delivery of documents to authorised recipients

      7. 1.41. Delivery of documents to joint office-holders

      8. 1.42. Postal delivery of documents

      9. 1.43. Delivery by document exchange

      10. 1.44. Personal delivery of documents

      11. 1.45. Electronic delivery of documents

      12. 1.46. Electronic delivery of documents to the court

      13. 1.47. Electronic delivery of notices to enforcement officers

      14. 1.48. Electronic delivery by office-holders

      15. Use of website by office-holder to deliver a particular document (sections 246B and 379B)

      16. 1.49. Use of website by office-holder to deliver a particular document (sections 246B and 379B)

      17. 1.50. General use of website to deliver documents

      18. 1.51. Retention period for documents made available on websites

      19. 1.52. Proof of delivery of documents

      20. 1.53. Delivery of proofs and details of claims

   10. CHAPTER 10 Inspection of documents, copies and provision of information

       1. 1.54. Right to copies of documents

       2. 1.55. Charges for copies of documents provided by the office-holder

       3. 1.56. Offence in relation to inspection of documents

       4. 1.57. Right to list of creditors

       5. 1.58. Confidentiality of documents: grounds for refusing inspection

4. PART 2 COMPANY VOLUNTARY ARRANGEMENTS (CVA)

   1. CHAPTER 1 Preliminary

      1. 2.1. Interpretation

   2. CHAPTER 2 The proposal for a CVA (section 1)

      1. 2.2. Proposal for a CVA: general principles and amendment

      2. 2.3. Proposal: contents

   3. CHAPTER 3 Procedure for a CVA without a moratorium

      1. 2.4. Procedure for proposal where the nominee is not the liquidator or the administrator (section 2)

      2. 2.5. Information for the official receiver

      3. 2.6. Statement of affairs (section 2(3))

      4. 2.7. Application to omit information from statement of affairs delivered to creditors

      5. 2.8. Additional disclosure for assistance of nominee where the nominee is not the liquidator or administrator

      6. 2.9. Nominee’s report on proposal where the nominee is not the liquidator or administrator (section 2(2))

      7. 2.10. Replacement of nominee (section 2(4))

   4. CHAPTER 4 Procedure for a CVA with a moratorium

      1. 2.11. Statement of affairs (paragraph 6(1)(b) of Schedule A1)

      2. 2.12. Application to omit information from a statement of affairs

      3. 2.13. The nominee’s statement (paragraph 6(2) of Schedule A1)

      4. 2.14. Documents filed with court to obtain a moratorium (paragraph 7(1) of Schedule A1)

      5. 2.15. Notice and advertisement of beginning of a moratorium

      6. 2.16. Notice of continuation of a moratorium where physical meeting of creditors is summoned (paragraph 8(3B) of Schedule A1)

      7. 2.17. Notice of decision extending or further extending a moratorium (paragraph 36 of Schedule A1)

      8. 2.18. Notice of court order extending or further extending or continuing or renewing a moratorium (paragraph 34(2) of Schedule A1)

      9. 2.19. Advertisement of end of a moratorium (paragraph 11(1) of Schedule A1)

      10. 2.20. Disposal of charged property etc. during a moratorium

      11. 2.21. Withdrawal of nominee’s consent to act (paragraph 25(5) of Schedule A1)

      12. 2.22. Application to the court to replace the nominee (paragraph 28 of Schedule A1)

      13. 2.23. Notice of appointment of replacement nominee

      14. 2.24. Applications to court to challenge nominee’s actions etc. (paragraphs 26 and 27 of Schedule A1)

   5. CHAPTER 5 Consideration of the proposal by the company members and creditors

      1. 2.25. Consideration of proposal: common requirements (section 3)

      2. 2.26. Members’ consideration at a meeting

      3. 2.27. Creditors’ consideration by a decision procedure

      4. 2.28. Timing of decisions on proposal

      5. 2.29. Creditors’ approval of modified proposal

      6. 2.30. Notice of members’ meeting and attendance of officers

      7. 2.31. Requisition of physical meeting by creditors

      8. 2.32. Non-receipt of notice by members

      9. 2.33. Proposal for alternative supervisor

      10. 2.34. Chair at meetings

      11. 2.35. Members’ voting rights

      12. 2.36. Requisite majorities of members

      13. 2.37. Notice of order made under section 4A(6) or paragraph 36(5) of Schedule A1

      14. 2.38. Report of consideration of proposal under section 4(6) and (6A) or paragraph 30(3) and (4) of Schedule A1

   6. CHAPTER 6 Additional matters concerning and following approval of CVA

      1. 2.39. Hand-over of property etc. to supervisor

      2. 2.40. Revocation or suspension of CVA

      3. 2.41. Supervisor’s accounts and reports

      4. 2.42. Production of accounts and records to the Secretary of State

      5. 2.43. Fees and expenses

      6. 2.44. Termination or full implementation of CVA

   7. CHAPTER 7 Time recording information

      1. 2.45. Provision of information

5. PART 3 ADMINISTRATION

   1. CHAPTER 1 Interpretation for this Part

      1. 3.1. Interpretation for Part 3

      2. 3.2. Proposed administrator’s statement and consent to act

   2. CHAPTER 2 Appointment of administrator by Court

      1. 3.3. Administration application (paragraph 12 of Schedule B1)

      2. 3.4. Administration application made by the directors

      3. 3.5. Administration application by the supervisor of a CVA

      4. 3.6. Witness statement in support of administration application

      5. 3.7. Filing of application

      6. 3.8. Service of application

      7. 3.9. Notice to enforcement agents charged with distress or other legal process, etc.

      8. 3.10. Notice of other insolvency proceedings

      9. 3.11. Intervention by holder of qualifying floating charge (paragraph 36(1)(b) of Schedule B1)

      10. 3.12. The hearing

      11. 3.13. The order

      12. 3.14. Order on an application under paragraph 37 or 38 of Schedule B1

      13. 3.15. Notice of administration order

   3. CHAPTER 3 Appointment of administrator by holder of floating charge

      1. 3.16. Notice of intention to appoint

      2. 3.17. Notice of appointment

      3. 3.18. Filing of notice with the court

      4. 3.19. Appointment by floating charge holder after administration application made

      5. 3.20. Appointment taking place out of court business hours: procedure

      6. 3.21. Appointment taking place out of court business hours: content of notice

      7. 3.22. Appointment taking place out of court business hours: legal effect

   4. CHAPTER 4 Appointment of administrator by company or directors

      1. 3.23. Notice of intention to appoint

      2. 3.24. Notice of appointment after notice of intention to appoint

      3. 3.25. Notice of appointment without prior notice of intention to appoint

      4. 3.26. Notice of appointment: filing with the court

   5. CHAPTER 5 Notice of administrator’s appointment

      1. 3.27. Publication of administrator’s appointment

   6. CHAPTER 6 Statement of affairs

      1. 3.28. Interpretation

      2. Statement of affairs: notice requiring and delivery to the administrator (paragraph 47(1) of Schedule B1)

      3. 3.29. Statement of affairs: notice requiring and delivery to the administrator (paragraph 47(1) of Schedule B1)

      4. Statement of affairs: content (paragraph 47 of Schedule B1)

      5. 3.30. Statement of affairs: content (paragraph 47 of Schedule B1)

      6. 3.31. Statement of affairs: statement of concurrence

      7. 3.32. Statement of affairs: filing

      8. 3.33. Statement of affairs: release from requirement and extension of time

      9. 3.34. Statement of affairs: expenses

   7. CHAPTER 7 Administrator’s proposals

      1. 3.35. Administrator’s proposals: additional content

      2. 3.36. Administrator’s proposals: statement of pre-administration costs

      3. 3.37. Advertising administrator’s proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1)

      4. 3.38. Seeking approval of the administrator’s proposals

      5. 3.39. Invitation to creditors to form a creditors’ committee

      6. 3.40. Notice of extension of time to seek approval

      7. 3.41. Notice of the creditors’ decision on the administrator’s proposals (paragraph 53(2))

      8. 3.42. Administrator’s proposals: revision

      9. 3.43. Notice of result of creditors’ decision on revised proposals (paragraph 54(6))

   8. CHAPTER 8 Limited disclosure of statements of affairs and proposals

      1. 3.44. Application of Chapter

      2. 3.45. Orders limiting disclosure of statement of affairs etc.

      3. 3.46. Order for disclosure by administrator

      4. 3.47. Rescission or amendment of order for limited disclosure

      5. 3.48. Publication etc. of statement of affairs or statement of proposals

   9. CHAPTER 9 Disposal of charged property

      1. 3.49. Disposal of charged property

   10. CHAPTER 10 Expenses of the Administration

       1. 3.50. Expenses

       2. 3.51. Order of priority

       3. 3.52. Pre-administration costs

   11. CHAPTER 11 Extension and ending of administration

       1. 3.53. Interpretation

       2. 3.54. Application to extend an administration and extension by consent (paragraph 76(2) of Schedule B1)

       3. 3.55. Notice of automatic end of administration (paragraph 76 of Schedule B1)

       4. 3.56. Notice of end of administration when purposes achieved (paragraph 80(2) of Schedule B1)

       5. 3.57. Administrator’s application for order ending administration (paragraph 79 of Schedule B1)

       6. 3.58. Creditor’s application for order ending administration (paragraph 81 of Schedule B1)

       7. 3.59. Notice by administrator of court order

       8. Moving from administration to creditors’ voluntary winding up (paragraph 83 of Schedule B1)

       9. 3.60. Moving from administration to creditors’ voluntary winding up (paragraph 83 of Schedule B1)

       10. 3.61. Moving from administration to dissolution (paragraph 84 of Schedule B1)

   12. CHAPTER 12 Replacing the administrator

       1. 3.62. Grounds for resignation

       2. 3.63. Notice of intention to resign

       3. 3.64. Notice of resignation (paragraph 87 of Schedule B1)

       4. 3.65. Application to court to remove administrator from office

       5. 3.66. Notice of vacation of office when administrator ceases to be qualified to act

       6. 3.67. Deceased administrator

       7. 3.68. Application to replace

       8. 3.69. Appointment of replacement or additional administrator

       9. 3.70. Administrator’s duties on vacating office

6. PART 4 RECEIVERSHIP

   1. CHAPTER 1 Appointment of joint receivers or managers to whom Part 3 of the Act applies (other than those appointed under section 51 (Scottish receiverships))

      1. 4.1. Receivers or managers appointed under an instrument: acceptance of appointment (section 33)

   2. CHAPTER 2 Administrative receivers (other than in Scottish receiverships)

      1. 4.2. Application of Chapter 2

      2. 4.3. Interpretation

      3. 4.4. Administrative receiver’s security

      4. 4.5. Publication of appointment of administrative receiver (section 46(1))

      5. Requirement to provide a statement of affairs (section 47(1))

      6. 4.6. Requirement to provide a statement of affairs (section 47(1))

      7. Statement of affairs: contents and delivery of copy (section 47(2))

      8. 4.7. Statement of affairs: contents and delivery of copy (section 47(2))

      9. 4.8. Statement of affairs: statement of concurrence

      10. 4.9. Statement of affairs: retention by administrative receiver

      11. 4.10. Statement of affairs: release from requirement and extension of time (section 47(5))

      12. 4.11. Statement of affairs: expenses

      13. 4.12. Limited disclosure

      14. 4.13. Administrative receiver’s report to the registrar of companies and secured creditors (section 48(1))

      15. 4.14. Copy of report for unsecured creditors (section 48(2))

      16. 4.15. Invitation to creditors to form a creditors’ committee

      17. 4.16. Disposal of charged property (section 43(1))

      18. 4.17. Summary of receipts and payments

      19. 4.18. Resignation

      20. 4.19. Deceased administrative receiver

      21. 4.20. Other vacation of office

      22. 4.21. Notice to registrar of companies (section 45(4))

   3. CHAPTER 3 Non-administrative receivers and the prescribed part

      1. 4.22. Application of Chapter 3

      2. 4.23. Report to creditors

      3. 4.24. Receiver to deal with prescribed part

7. PART 5 MEMBERS’ VOLUNTARY WINDING UP

   1. CHAPTER 1 Statutory declaration of solvency (section 89)

      1. Statutory declaration of solvency: requirements additional to those in section 89

      2. 5.1. Statutory declaration of solvency: requirements additional to those in section 89

   2. CHAPTER 2 The liquidator

      1. 5.2. Appointment by the company

      2. 5.3. Meetings in members’ voluntary winding up of authorised deposit-takers

      3. 5.4. Appointment by the court (section 108)

      4. 5.5. Cost of liquidator’s security (section 390(3))

      5. 5.6. Liquidator’s resignation

      6. 5.7. Removal of liquidator by the court

      7. 5.8. Removal of liquidator by company meeting

      8. 5.9. Delivery of proposed final account to members (section 94)

      9. 5.10. Final account prior to dissolution (section 94)

      10. 5.11. Deceased liquidator

      11. 5.12. Loss of qualification as insolvency practitioner

      12. 5.13. Liquidator’s duties on vacating office

      13. 5.14. Application by former liquidator to the Secretary of State for release (section 173(2)(b))

      14. 5.15. Power of court to set aside certain transactions entered into by liquidator

      15. 5.16. Rule against improper solicitation by or on behalf of the liquidator

   3. CHAPTER 3 Special manager

      1. 5.17. Application for and appointment of special manager (section 177)

      2. 5.18. Security

      3. 5.19. Failure to give or keep up security

      4. 5.20. Accounting

      5. 5.21. Termination of appointment

   4. CHAPTER 4 Conversion to creditors’ voluntary winding up

      1. 5.22. Statement of affairs (section 95(3))

8. PART 6 CREDITORS’ VOLUNTARY WINDING UP

   1. CHAPTER 1 Application of Part 6

      1. 6.1. Application of Part 6

   2. CHAPTER 2 Statement of affairs and other information

      1. Statement of affairs made out by the liquidator under section 95(1A)

      2. 6.2. Statement of affairs made out by the liquidator under section 95(1A)

      3. Statement of affairs made out by the directors under section 99(1)

      4. 6.3. Statement of affairs made out by the directors under section 99(1)

      5. 6.4. Additional requirements as to statements of affairs

      6. 6.5. Statement of affairs: statement of concurrence

      7. 6.6. Order limiting disclosure of statement of affairs etc.

      8. 6.7. Expenses of statement of affairs and decisions sought from creditors

      9. 6.8. Delivery of accounts to liquidator (section 235)

      10. 6.9. Expenses of assistance in preparing accounts

   3. CHAPTER 3 Nomination and appointment of liquidators and information to creditors

      1. 6.10. Application of the rules in this Chapter

      2. 6.11. Nomination of liquidator and information to creditors on conversion from members’ voluntary winding up (section 96)

      3. 6.12. Creditors’ decision on appointment other than at a meeting (conversion from members’ voluntary winding up)

      4. 6.13. Information to creditors and contributories (conversion of members’ voluntary winding up into creditors’ voluntary winding up)

      5. 6.14. Information to creditors and appointment of liquidator

      6. 6.15. Information to creditors and contributories

      7. 6.16. Further information where administrator becomes liquidator (paragraph 83(3) of Schedule B1)

      8. 6.17. Report by director etc.

      9. 6.18. Decisions on nomination

      10. 6.19. Invitation to creditors to form a liquidation committee

   4. CHAPTER 4 The liquidator

      1. 6.20. Appointment by creditors or by the company

      2. 6.21. Power to fill vacancy in office of liquidator

      3. 6.22. Appointment by the court (section 100(3) or 108)

      4. 6.23. Advertisement of appointment

      5. 6.24. Cost of liquidator’s security (section 390(3))

      6. 6.25. Liquidator’s resignation and replacement

      7. 6.26. Removal of liquidator by creditors

      8. 6.27. Removal of liquidator by the court

      9. 6.28. Final account prior to dissolution (section 106)

      10. 6.29. Deceased liquidator

      11. 6.30. Loss of qualification as insolvency practitioner

      12. 6.31. Vacation of office on making of winding-up order

      13. 6.32. Liquidator’s duties on vacating office

      14. 6.33. Application by former liquidator for release (section 173(2)(b))

      15. 6.34. Power of court to set aside certain transactions

      16. 6.35. Rule against improper solicitation

      17. 6.36. Permission for exercise of powers by liquidator

   5. CHAPTER 5 Special Manager

      1. 6.37. Application for and appointment of special manager (section 177)

      2. 6.38. Security

      3. 6.39. Failure to give or keep up security

      4. 6.40. Accounting

      5. 6.41. Termination of appointment

   6. CHAPTER 6 Priority of payment of costs and expenses, etc.

      1. 6.42. General rule as to priority

      2. 6.43. Saving for powers of the court

   7. CHAPTER 7 Litigation expenses and property subject to a floating charge

      1. 6.44. Interpretation

      2. 6.45. Requirement for approval or authorisation

      3. 6.46. Request for approval or authorisation

      4. 6.47. Grant of approval or authorisation

      5. 6.48. Application to the court by the liquidator

9. PART 7 WINDING UP BY THE COURT

   1. CHAPTER 1 Application of Part

      1. 7.1. Application of Part 7

   2. CHAPTER 2 The statutory demand (sections 123(1)(a) and 222(1)(a))

      1. 7.2. Interpretation

      2. 7.3. The statutory demand

   3. CHAPTER 3 Petition for winding-up order

      1. 7.4. Application of this Chapter

      2. 7.5. Contents of petition

      3. 7.6. Verification of petition

      4. 7.7. Petition: presentation and filing

      5. 7.8. Court to which petition is to be presented where the company is subject to a CVA or is in administration

      6. 7.9. Copies of petition to be served on company or delivered to other persons

      7. 7.10. Notice of petition

      8. 7.11. Persons entitled to request a copy of petition

      9. 7.12. Certificate of compliance

      10. 7.13. Permission for the petitioner to withdraw

      11. 7.14. Notice by persons intending to appear

      12. 7.15. List of appearances

      13. 7.16. Witness statement in opposition

      14. 7.17. Substitution of creditor or contributory for petitioner

      15. 7.18. Order for substitution of petitioner

      16. 7.19. Notice of adjournment

      17. 7.20. Order for winding up by the court

      18. 7.21. Notice to official receiver of winding-up order

      19. 7.22. Delivery and notice of the order

      20. 7.23. Petition dismissed

      21. 7.24. Injunction to restrain presentation or notice of petition

   4. CHAPTER 4 Petition by a contributory or a relevant office-holder

      1. 7.25. Interpretation and application of rules in Chapter 3

      2. 7.26. Contents of petition for winding-up order by a contributory

      3. 7.27. Petition presented by a relevant office-holder

      4. 7.28. Verification of petition

      5. 7.29. Presentation and service of petition

      6. 7.30. Request to appoint former administrator or supervisor as liquidator (section 140)

      7. 7.31. Hearing of petition

      8. 7.32. Order for winding up by the court of a company in administration or where there is a supervisor of a CVA in relation to the company

   5. CHAPTER 5 Provisional liquidator

      1. 7.33. Application for appointment of provisional liquidator (section 135)

      2. 7.34. Deposit by applicant

      3. 7.35. Order of appointment of provisional liquidator

      4. 7.36. Notice of appointment of provisional liquidator

      5. 7.37. Security

      6. 7.38. Remuneration

      7. 7.39. Termination of appointment

   6. CHAPTER 6 Statement of affairs and other information

      1. 7.40. Notice requiring statement of affairs (section 131)

      2. 7.41. Statement of affairs

      3. 7.42. Statement of affairs: statement of concurrence

      4. 7.43. Order limiting disclosure of statement of affairs etc.

      5. 7.44. Release from duty to submit statement of affairs: extension of time (section 131)

      6. 7.45. Statement of affairs: expenses

      7. 7.46. Delivery of accounts to official receiver

      8. 7.47. Further disclosure

   7. CHAPTER 7 Reports and information to creditors and contributories

      1. 7.48. Reports by official receiver

      2. 7.49. Reports by official receiver: estimate of prescribed part

      3. 7.50. Further information where winding up follows administration

      4. 7.51. Notice of stay of winding up

   8. CHAPTER 8 The liquidator

      1. 7.52. Choosing a person to be liquidator

      2. 7.53. Appointment of liquidator by creditors or contributories

      3. 7.54. Decision on nomination

      4. 7.55. Invitation to creditors and contributories to form a liquidation committee

      5. 7.56. Appointment by the court

      6. 7.57. Appointment by the Secretary of State

      7. 7.58. Cost of liquidator’s security (section 390(3))

      8. 7.59. Appointment to be gazetted and notice given to registrar of companies

      9. 7.60. Hand-over of assets by official receiver to liquidator

      10. 7.61. Liquidator’s resignation

      11. 7.62. Notice to official receiver of intention to vacate office

      12. 7.63. Decision of creditors to remove liquidator

      13. 7.64. Procedure on removal by creditors

      14. 7.65. Removal of liquidator by the court (section 172(2))

      15. 7.66. Removal of liquidator by the Secretary of State (section 172(4))

      16. 7.67. Deceased liquidator

      17. 7.68. Loss of qualification as insolvency practitioner

      18. 7.69. Application by liquidator for release (section 174(4)(b) or (d))

      19. 7.70. Release of official receiver

      20. 7.71. Final account prior to dissolution (section 146)

      21. 7.72. Relief from, or variation of, duty to report

      22. 7.73. Liquidator’s duties on vacating office

      23. 7.74. Power of court to set aside certain transactions

      24. 7.75. Rule against improper solicitation

   9. CHAPTER 9 Duties and powers of liquidator

      1. 7.76. General duties of liquidator

      2. 7.77. Permission for exercise of powers by liquidator

      3. 7.78. Enforced delivery up of company’s property (section 234)

   10. CHAPTER 10 Settlement of list of contributories

       1. 7.79. Delegation to liquidator of power to settle list of contributories

       2. 7.80. Duty of liquidator to settle list (section 148)

       3. 7.81. Contents of list

       4. 7.82. Procedure for settling list

       5. 7.83. Application to court for variation of the list

       6. 7.84. Variation of, or addition to, the list

       7. 7.85. Costs of applications to vary etc. the list of contributories

   11. CHAPTER 11 Calls on contributories

       1. 7.86. Making of calls by the liquidator (sections 150 and 160)

       2. 7.87. Sanction of the liquidation committee for making a call

       3. 7.88. Application to court for permission to make a call (sections 150 and 160)

       4. 7.89. Order giving permission to make a call

       5. 7.90. Making and enforcement of the call

       6. 7.91. Court order to enforce payment of call by a contributory

   12. CHAPTER 12 Special manager

       1. 7.92. Application of this Chapter and interpretation

       2. 7.93. Appointment and remuneration of special manager (section 177)

       3. 7.94. Security

       4. 7.95. Failure to give or keep up security

       5. 7.96. Accounting

       6. 7.97. Termination of appointment

   13. CHAPTER 13 Public examination of company officers and others (section 133)

       1. 7.98. Applications relating to promoters, past managers etc. (section 133(1)(c))

       2. 7.99. Request by a creditor for a public examination (section 133(2))

       3. 7.100. Request by a contributory for a public examination

       4. 7.101. Further provisions about requests by a creditor or contributory for a public examination

       5. 7.102. Order for public examination

       6. 7.103. Notice of the public examination

       7. 7.104. Examinee unfit for examination

       8. 7.105. Procedure at public examination

       9. Adjournment

       10. 7.106. Adjournment

       11. 7.107. Expenses of examination

   14. CHAPTER 14 Priority of payment of costs and expenses, etc.

       1. 7.108. General rule as to priority

       2. 7.109. Winding up commencing as voluntary

       3. 7.110. Saving for powers of the court (section 156)

   15. CHAPTER 15 Litigation expenses and property subject to a floating charge

       1. 7.111. Interpretation

       2. 7.112. Priority of litigation expenses

       3. 7.113. Requirement for approval or authorisation of litigation expenses

       4. 7.114. Requests for approval or authorisation

       5. 7.115. Grant of approval or authorisation

       6. 7.116. Application to the court by the liquidator

   16. CHAPTER 16 MISCELLANEOUS RULES

       1. Sub-division A: Return of capital

          1. 7.117. Application to court for order authorising return of capital

          2. 7.118. Procedure for return

       2. Sub-division B: Dissolution after winding up

          1. 7.119. Secretary of State’s directions under sections 203 and 205 and appeal

10. PART 8 INDIVIDUAL VOLUNTARY ARRANGEMENTS (IVA)

    1. CHAPTER 1 Preliminary

       1. 8.1. Interpretation

    2. CHAPTER 2 Preparation of the debtor’s proposal for an IVA

       1. 8.2. Proposal for an IVA: general principles and amendment

       2. 8.3. Proposal: contents

       3. 8.4. Notice of nominee’s consent

       4. 8.5. Statement of affairs (section 256 and 256A)

       5. 8.6. Application to omit information from statement of affairs delivered to creditors

       6. 8.7. Additional disclosure for assistance of nominee

    3. CHAPTER 3 Cases in which an application for an interim order is made

       1. 8.8. Application for interim order

       2. 8.9. Court in which application is to be made

       3. 8.10. Order granting a stay

       4. 8.11. Hearing of the application

       5. 8.12. The interim order

       6. 8.13. Action to follow making of an interim order

       7. 8.14. Order extending period of an interim order (section 256(4))

       8. 8.15. Nominee’s report on the proposal

       9. 8.16. Order extending period of interim order to enable the creditors to consider the proposal (section 256(5))

       10. 8.17. Replacement of the nominee (section 256(3))

       11. 8.18. Consideration of the nominee’s report

    4. CHAPTER 4 Cases where no interim order is to be obtained

       1. 8.19. Nominee’s report (section 256A)

       2. 8.20. Court or hearing centre to which applications must be made where no interim order

       3. 8.21. Replacement of the nominee (section 256A(4))

    5. CHAPTER 5 Consideration of the proposal by the creditors

       1. 8.22. Consideration of the proposal

       2. 8.23. Proposals for an alternative supervisor

       3. 8.24. Report of the creditors’ consideration of a proposal

    6. CHAPTER 6 Action following approval of an IVA

       1. 8.25. Hand-over of property, etc. to supervisor

       2. 8.26. Report to the Secretary of State of the approval of an IVA

       3. 8.27. Revocation or suspension of an IVA (section 262)

       4. 8.28. Supervisor’s accounts and reports

       5. 8.29. Production of accounts and records to the Secretary of State

       6. 8.30. Fees and expenses

       7. 8.31. Termination or full implementation of the IVA

    7. CHAPTER 7 Applications to annul bankruptcy orders under sections 261(2)(a) and (b)

       1. 8.32. Application by the bankrupt to annul the bankruptcy order (section 261(2)(a))

       2. 8.33. Application by the official receiver to annul the bankruptcy order (section 261(2)(b))

       3. 8.34. Order annulling bankruptcy

       4. 8.35. Notice of order

       5. 8.36. Advertisement of order

       6. 8.37. Trustee’s final account

    8. CHAPTER 8 Time recording information

       1. 8.38. Provision of information

11. PART 9 DEBT RELIEF ORDERS

    1. CHAPTER 1 Interpretation

       1. 9.1. Debtor’s family

       2. 9.2. Excluded debts

    2. CHAPTER 2 Application for a debt relief order

       1. 9.3. Application for a debt relief order: information required in the application

       2. 9.4. Delivery of application

       3. 9.5. Role of approved intermediary

    3. CHAPTER 3 Verifying the application and determining the debtor’s income and property

       1. 9.6. Prescribed verification checks: conditions in paragraphs 1 to 8 of Schedule 4ZA of the Act

       2. 9.7. Determination of debtor’s monthly surplus income

       3. 9.8. Determination of value of the debtor’s property (paragraph 8 of Schedule 4ZA)

       4. 9.9. Property to be excluded in determining the value of a debtor’s property

    4. CHAPTER 4 Making or refusal of a debt relief order

       1. 9.10. Contents of debt relief order

       2. 9.11. Other steps to be taken by official receiver or debtor upon making of the order

       3. 9.12. Prescribed information for creditors on making of debt relief order

       4. 9.13. Refusal of application for debt relief order

    5. CHAPTER 5 Objection and revocation

       1. 9.14. Meaning of “creditor”

       2. 9.15. Creditor’s objection to a debt relief order (section 251K)

       3. 9.16. Official receiver’s response to objection under section 251K

       4. 9.17. Creditor’s request that a debt relief order be revoked (section 251L(4))

       5. 9.18. Procedure in revoking or amending a debt relief order (section 251L)

       6. 9.19. Debtor’s notification of official receiver of matters in section 251J(3) or (5)

       7. 9.20. Death of debtor during a moratorium period under a debt relief order

    6. CHAPTER 6 Applications to the court

       1. 9.21. Notice of application to court under section 251M

       2. 9.22. Court in which applications under sections 251M or 251N are to be made

       3. 9.23. Creditor’s bankruptcy petition: creditor consents to making application for a debt relief order

       4. 9.24. Extension of moratorium period

    7. CHAPTER 7 Permission to act as a director, etc.

       1. 9.25. Application for permission under the Company Directors Disqualification Act 1986

       2. 9.26. Report of official receiver

       3. 9.27. Court’s order on application

12. PART 10 BANKRUPTCY

    1. CHAPTER 1 The statutory demand

       1. 10.1. The statutory demand (section 268)

       2. 10.2. Service of statutory demand

       3. 10.3. Proof of service of statutory demand

       4. 10.4. Application to set aside statutory demand

       5. 10.5. Hearing of application to set aside

    2. CHAPTER 2 CREDITORS’ BANKRUPTCY PETITIONS

       1. Preliminary

          1. 10.6. Application and interpretation

          2. 10.7. Contents of petition

          3. 10.8. Identification of debtor

          4. 10.9. Identification of debt

          5. 10.10. Verification of petition

          6. 10.11. Court in which petition is to be presented

          7. 10.12. Procedure for presentation and filing of petition

          8. 10.13. Application to Chief Land Registrar to register petition

          9. 10.14. Service of petition and delivery of copies

          10. 10.15. Death of debtor before service

          11. 10.16. Amendment of petition

          12. 10.17. Security for costs

          13. 10.18. Debtor’s notice of opposition to petition

          14. 10.19. Notice by persons intending to appear

          15. 10.20. List of appearances

          16. 10.21. Hearing of petition

          17. 10.22. Postponement of hearing

          18. 10.23. Adjournment of the hearing

          19. 10.24. Decision on the hearing

          20. 10.25. Vacating registration on withdrawal of petition

          21. 10.26. Non-appearance of petitioning creditor

          22. 10.27. Substitution of petitioner

          23. 10.28. Order for substitution of petitioner

          24. 10.29. Change of carriage of petition

          25. Petitioner seeking dismissal or permission to withdraw

          26. 10.31. Contents of bankruptcy order

          27. 10.32. Delivery and notice of the order

          28. 10.33. Application to Chief Land Registrar to register bankruptcy order

    3. CHAPTER 3 Debtors’ bankruptcy applications

       1. 10.34. Preliminary

       2. 10.35. Bankruptcy application for a bankruptcy order

       3. 10.36. Procedure for making a bankruptcy application and communication with the adjudicator

       4. 10.37. Application to the Chief Land Registrar to register a bankruptcy application

       5. 10.38. Verification checks

       6. 10.39. Determination of the bankruptcy application

       7. 10.40. The determination period

       8. 10.41. Settlement and contents of bankruptcy order

       9. 10.42. Refusal to make a bankruptcy order and contents of notice of refusal

       10. 10.43. Review of refusal to make a bankruptcy order

       11. 10.44. Appeal to the court following a review of refusal to make a bankruptcy order

       12. 10.45. Action to follow making of order

       13. 10.46. Application to the Chief Land Registrar

       14. 10.47. The bankruptcy file

       15. 10.48. Court to which applications are to be made

    4. CHAPTER 4 The interim receiver

       1. 10.49. Application for appointment of interim receiver (section 286)

       2. 10.50. Deposit

       3. 10.51. Order of appointment

       4. 10.52. Security

       5. 10.53. Remuneration

       6. 10.54. Termination of appointment

    5. CHAPTER 5 Disclosure of the bankrupt’s affairs

       1. Sub-division A: creditor’s petition

          1. 10.55. Notice requiring statement of affairs (section 288)

          2. 10.56. Statement of affairs

          3. 10.57. Limited disclosure

          4. 10.58. Requirement to submit statement of affairs and extension of time (section 288(3))

          5. 10.59. Expenses of assisting bankrupt to prepare statement of affairs

          6. 10.60. Delivery of accounts to official receiver

          7. 10.61. Further disclosure

       2. Sub-division B: Bankruptcy application

          1. 10.62. Preliminary

          2. 10.63. Delivery of accounts to official receiver

          3. 10.64. Expenses of preparing accounts

          4. 10.65. Further disclosure

       3. Sub-division C: Reports by the official receiver

          1. 10.66. Reports by the official receiver

    6. CHAPTER 6 THE TRUSTEE IN BANKRUPTCY

       1. Sub-division A: appointment and associated formalities

          1. 10.67. Appointment by creditors of new trustee

          2. 10.68. Certification of appointment

          3. 10.69. Cost of the trustee’s security (section 390(3))

          4. 10.70. Creditors’ decision to appoint a trustee

          5. 10.71. Appointment by the court (section 291A(2))

          6. 10.72. Appointment by the Secretary of State

          7. 10.73. Authentication of trustee’s appointment

          8. 10.74. Appointment to be gazetted

          9. 10.75. Hand-over of bankrupt’s estate by official receiver to trustee

          10. 10.76. Invitation to creditors to form a creditors’ committee

       2. Sub-division B: resignation and removal

          1. 10.77. Trustee’s resignation and appointment of replacement (section 298(7))

          2. 10.78. Decision of creditors to remove trustee (section 298(1))

          3. 10.79. Procedure on removal by creditors

          4. 10.80. Removal of trustee by the court (section 298(1))

          5. 10.81. Removal of trustee by the Secretary of State (section 298(5))

          6. 10.82. Notice of resignation or removal

          7. 10.83. Release of removed trustee (section 299)

          8. 10.84. Deceased trustee

          9. 10.85. Loss of qualification as insolvency practitioner (section 298(6))

       3. Sub-division C: release on completion of administration of bankrupt’s estate

          1. 10.86. Release of official receiver on completion of administration (section 299)

          2. 10.87. Vacation of office on completion of bankruptcy (sections 298(8) and 331)

          3. 10.88. Rule as to reporting

          4. 10.89. Notice to official receiver of intention to vacate office

          5. 10.90. Trustee’s duties on vacating office

          6. 10.91. Power of the court to set aside certain transactions

          7. 10.92. Rule against improper solicitation

          8. 10.93. Enforcement of trustee’s obligations to official receiver (section 305(3))

    7. CHAPTER 7 Special manager

       1. Application for and order of appointment of special manager (section 370)

       2. 10.94. Application for and order of appointment of special manager (section 370)

       3. 10.95. Security

       4. 10.96. Failure to give or keep up security

       5. 10.97. Accounting

       6. 10.98. Termination of appointment

    8. CHAPTER 8 Public examination of bankrupt

       1. Order for public examination of bankrupt

       2. 10.99. Order for public examination of bankrupt

       3. 10.100. Notice of public examination

       4. 10.101. Order for public examination requested by creditors

       5. Bankrupt unfit for examination

       6. 10.102. Bankrupt unfit for examination

       7. 10.103. Procedure at public examination

       8. Adjournment

       9. 10.104. Adjournment

       10. 10.105. Expenses of examination

    9. CHAPTER 9 Replacement of exempt property

       1. 10.106. Purchase of replacement property

       2. 10.107. Money provided in lieu of sale

    10. CHAPTER 10 Income payments orders

        1. 10.108. Interpretation

        2. 10.109. Application for income payments order (section 310)

        3. 10.110. Order for income payments order

        4. 10.111. Action to follow making of order

        5. 10.112. Variation of order

        6. 10.113. Order to payer of income: administration

        7. 10.114. Review of order

    11. CHAPTER 11 Income payments agreements

        1. 10.115. Approval of income payments agreements

        2. 10.116. Acceptance of income payments agreements

        3. 10.117. Variation of income payments agreements

    12. CHAPTER 12 Applications for production of documents by Her Majesty’s Revenue and Customs (section 369)

        1. 10.118. Application for order

        2. 10.119. Making and service of the order

        3. 10.120. Custody of documents

    13. CHAPTER 13 Mortgaged property

        1. 10.121. Interpretation

        2. 10.122. Claim by mortgagee of land

        3. 10.123. Power of court to order sale

        4. 10.124. Proceeds of sale

    14. CHAPTER 14 After-acquired property

        1. 10.125. Duties of bankrupt in relation to after-acquired property

        2. 10.126. Trustee’s recourse to person to whom property disposed

    15. CHAPTER 15 Permission to act as director, etc.

        1. 10.127. Interpretation

        2. 10.128. Application for permission

        3. 10.129. Report of official receiver

        4. 10.130. Court’s order on application

        5. 10.131. Costs under this Chapter

    16. CHAPTER 16 Annulment of bankruptcy order

        1. 10.132. Application for annulment

        2. 10.133. Report by trustee

        3. 10.134. Applicant’s claim that remuneration or expenses are excessive

        4. 10.135. Power of court to stay proceedings

        5. 10.136. Notice to creditors who have not proved

        6. 10.137. The hearing

        7. 10.138. Matters to be proved under section 282(1)(b)

        8. 10.139. Notice to creditors

        9. 10.140. Other matters arising on annulment

        10. 10.141. Trustee’s final account

    17. CHAPTER 17 Discharge

        1. 10.142. Application for suspension of discharge

        2. 10.143. Lifting of suspension of discharge

        3. 10.144. Certificate of discharge from bankruptcy order made otherwise than on a bankruptcy application

        4. 10.145. Certificate of discharge from bankruptcy order made on a bankruptcy application

        5. Bankrupt’s debts surviving discharge

        6. 10.146. Bankrupt’s debts surviving discharge

        7. 10.147. Costs under this Chapter

    18. CHAPTER 18 Priority of payment of costs etc. out of the bankrupt’s estate

        1. 10.148. Expenses

        2. 10.149. General rule as to priority

    19. CHAPTER 19 Second bankruptcy

        1. Scope of this Chapter

        2. 10.150. Scope of this Chapter

        3. 10.151. General duty of existing trustee

        4. 10.152. Delivery up to later trustee

        5. 10.153. Existing trustee’s expenses

    20. CHAPTER 20 Criminal bankruptcy

        1. 10.154. Contents of petition

        2. 10.155. Status and functions of Official Petitioner

        3. 10.156. Interim receivership

        4. 10.157. Proof of bankruptcy debts and notice of order

        5. 10.158. Rules not applying in criminal bankruptcy

        6. 10.159. Annulment of criminal bankruptcy order

        7. 10.160. Application by bankrupt for discharge

        8. 10.161. Report of official receiver

        9. 10.162. Order of discharge

        10. 10.163. Deferment of issue of order pending appeal

        11. 10.164. Costs under this Chapter

    21. CHAPTER 21 Miscellaneous rules in bankruptcy

        1. 10.165. Amendment of title of proceedings

        2. 10.166. Application for redirection order

        3. 10.167. Bankrupt’s home: property falling within section 283A

        4. 10.168. Application in relation to the vesting of an interest in a dwelling-house (registered land)

        5. 10.169. Vesting of bankrupt’s interest (unregistered land)

        6. Vesting of bankrupt’s estate: substituted period

        7. 10.170. Vesting of bankrupt’s estate: substituted period

        8. 10.171. Charging order

13. PART 11 BANKRUPTCY AND DEBT RELIEF RESTRICTIONS ORDERS AND UNDERTAKINGS AND THE INSOLVENCY REGISTERS

    1. CHAPTER 1 Interpretation

       1. 11.1. References to the Secretary of State

    2. CHAPTER 2 Bankruptcy and debt relief restrictions orders (Schedules 4ZB and 4A)

       1. 11.2. Application for a bankruptcy or debt relief restrictions order

       2. 11.3. Service of the application on the bankrupt or debtor

       3. 11.4. The bankrupt’s or debtor’s evidence opposing an application

       4. 11.5. Making a bankruptcy or debt relief restrictions order

    3. CHAPTER 3 Interim bankruptcy and debt relief restrictions orders

       1. 11.6. Application for an interim bankruptcy or debt relief restrictions order

       2. 11.7. Making an interim bankruptcy or debt relief restrictions order

       3. 11.8. Application to set aside an interim order

       4. 11.9. Order setting aside an interim order

    4. CHAPTER 4 Bankruptcy restrictions and debt relief restrictions undertakings

       1. 11.10. Acceptance of a bankruptcy restrictions or a debt relief restrictions undertaking

       2. 11.11. Notification

       3. 11.12. Application to annul a bankruptcy restrictions or a debt relief restrictions undertaking

    5. CHAPTER 5 Insolvency Registers: General

       1. 11.13. Maintenance of the registers and inspection

    6. CHAPTER 6 Individual insolvency register

       1. 11.14. Entry of information on the individual insolvency register: IVAs

       2. 11.15. Deletion of information from the individual insolvency register: IVAs

       3. 11.16. Entry of information on to the individual insolvency register: bankruptcy orders

       4. 11.17. Deletion of information from the individual insolvency register: bankruptcy orders

       5. 11.18. Entry of information on to the individual insolvency register: debt relief orders

       6. 11.19. Deletion of information from the individual insolvency register: debt relief orders

    7. CHAPTER 7 Bankruptcy and debt relief restrictions register

       1. 11.20. Bankruptcy restrictions and debt relief restrictions orders and undertakings: entry of information on the registers

       2. 11.21. Deletion of information from the registers

    8. CHAPTER 8 Rectification of registers and death of persons on register

       1. 11.22. Rectification of the registers

       2. 11.23. Death of a person about whom information is held on a register

14. PART 12 COURT PROCEDURE AND PRACTICE

    1. CHAPTER 1 General

       1. Application of the Civil Procedure Rules 1998

          1. 12.1. Court rules and practice to apply

          2. 12.2. Performance of functions by the Court

    2. CHAPTER 2 Commencement of insolvency proceedings in the County Court

       1. 12.3. Commencement of insolvency proceedings under Parts 1 to 7 of the Act (corporate insolvency proceedings)

       2. 12.4. Commencement of insolvency proceedings under Parts 7A to 11 of the Act (personal insolvency proceedings; bankruptcy)

       3. 12.5. Allocation of proceedings to the London Insolvency District

    3. CHAPTER 3 Making applications to court: general

       1. 12.6. Preliminary

       2. Filing of application

       3. 12.7. Filing of application

       4. 12.8. Fixing the venue

       5. 12.9. Service or delivery of application

       6. 12.10. Hearing in urgent case

       7. 12.11. Directions

       8. 12.12. Hearing and determination without notice

       9. 12.13. Adjournment of the hearing of an application

    4. CHAPTER 4 Making applications to court: specific applications

       1. Sub-division A: Applications in connection with section 176A (prescribed part)

          1. 12.14. Applications under section 176A(5) to disapply section 176A

          2. 12.15. Notice of application under section 176A(5)

          3. 12.16. Notice of an order under section 176A(5)

       2. Sub-division B: Applications for private examination (sections 236, 251N and 366)

          1. 12.17. Application of this sub-division and interpretation

          2. 12.18. Contents of application

          3. 12.19. Order for examination etc.

          4. 12.20. Procedure for examination

          5. 12.21. Record of examination

          6. 12.22. Costs of proceedings under sections 236, 251N and 366

       3. Sub-division C – persons unable to manage own property or affairs

          1. 12.23. Application and interpretation

          2. 12.24. Appointment of another person to act

          3. 12.25. Witness statement in support of application

          4. 12.26. Service of notices following appointment

    5. CHAPTER 5 Obtaining information and evidence

       1. 12.27. Further information and disclosure

       2. 12.28. Witness statements and reports

       3. 12.29. Evidence provided by the official receiver, an insolvency practitioner or a special manager

    6. CHAPTER 6 Transfer of proceedings

       1. Sub-division A : General

          1. 12.30. General power of transfer

          2. 12.31. Proceedings commenced in the wrong court

          3. 12.32. Applications for transfer

          4. 12.33. Procedure following order for transfer

          5. 12.34. Consequential transfer of other proceedings

       2. Sub-division B : Block transfer of cases where insolvency practitioner has died etc.

          1. 12.35. Interpretation

          2. 12.36. Power to make a block transfer order

          3. 12.37. Application for a block transfer order

          4. 12.38. Action following application for a block transfer order

    7. CHAPTER 7 The court file

       1. 12.39. The court file

       2. 12.40. Office copies of documents

    8. CHAPTER 8 Costs

       1. 12.41. Application of Chapter and interpretation

       2. 12.42. Requirement to assess costs by the detailed procedure

       3. 12.43. Procedure where detailed assessment is required

       4. 12.44. Costs of officers charged with execution of writs or other process

       5. 12.45. Petitions presented by insolvent companies

       6. 12.46. Costs paid otherwise than out of the insolvent estate

       7. 12.47. Awards of costs against an office-holder, the adjudicator or the official receiver

       8. 12.48. Applications for costs

       9. 12.49. Costs and expenses of petitioners and other specified persons

       10. 12.50. Final costs certificate

    9. CHAPTER 9 Enforcement procedures

       1. 12.51. Enforcement of court orders

       2. 12.52. Orders enforcing compliance

       3. 12.53. Warrants (general provisions)

       4. 12.54. Warrants under sections 134 and 364

       5. 12.55. Warrants under sections 236, 251N and 366

       6. 12.56. Warrants under section 365

       7. 12.57. Execution overtaken by judgment debtor’s insolvency

    10. CHAPTER 10 Appeals

        1. 12.58. Application of Chapter

        2. 12.59. Appeals and reviews of court orders in corporate insolvency

        3. 12.60. Appeals in bankruptcy by the Secretary of State

        4. 12.61. Procedure on appeal

        5. 12.62. Appeals against decisions of the Secretary of State or official receiver

    11. CHAPTER 11 Court orders, formal defects and shorthand writers

        1. 12.63. Court orders

        2. 12.64. Formal defects

        3. 12.65. Shorthand writers: nomination etc.

15. PART 13 OFFICIAL RECEIVERS

    1. 13.1. Official receivers in court

    2. 13.2. Persons entitled to act on official receiver’s behalf

    3. 13.3. Application for directions

    4. 13.4. Official receiver’s expenses

    5. 13.5. Official receiver not to be appointed liquidator or trustee

16. PART 14 CLAIMS BY AND DISTRIBUTIONS TO CREDITORS IN ADMINISTRATION, WINDING UP AND BANKRUPTCY

    1. CHAPTER 1 Application and interpretation

       1. Application of Part 14 and interpretation

       2. 14.1. Application of Part 14 and interpretation

    2. CHAPTER 2 Creditors’ claims in administration, winding up and bankruptcy

       1. 14.2. Provable debts

       2. 14.3. Proving a debt

       3. 14.4. Requirements for proof

       4. 14.5. Costs of proving

       5. 14.6. Allowing inspection of proofs

       6. 14.7. Admission and rejection of proofs for dividend

       7. 14.8. Appeal against decision on proof

       8. 14.9. Office-holder not liable for costs under rule 14.8

       9. 14.10. Withdrawal or variation of proof

       10. 14.11. Exclusion of proof by the court

       11. Administration and winding up by the court: debts of insolvent company to rank equally

       12. 14.12. Administration and winding up by the court: debts of insolvent company to rank equally

       13. Administration and winding up: division of unsold assets

       14. 14.13. Administration and winding up: division of unsold assets

       15. 14.14. Administration and winding up: estimate of value of debt

       16. 14.15. Secured creditor: value of security

       17. 14.16. Secured creditor: surrender for non-disclosure

       18. 14.17. Secured creditor: redemption by office-holder

       19. 14.18. Secured creditor: test of security’s value

       20. 14.19. Realisation or surrender of security by creditor

       21. 14.20. Discounts

       22. 14.21. Debts in foreign currency

       23. 14.22. Payments of a periodical nature

       24. Interest

       25. 14.23. Interest

       26. 14.24. Administration: mutual dealings and set-off

       27. 14.25. Winding up: mutual dealings and set-off

    3. CHAPTER 3 Distribution to creditors in administration, winding up and bankruptcy

       1. 14.26. Application of Chapter to a particular class of creditors and to distributions

       2. Declaration and distribution of dividends in a winding up

       3. 14.27. Declaration and distribution of dividends in a winding up

       4. 14.28. Gazette notice of intended first dividend or distribution

       5. 14.29. Individual notices to creditors etc. of intended dividend or distribution

       6. 14.30. Contents of notice of intention to declare a dividend or make a distribution

       7. 14.31. Further contents of notice to creditors owed small debts etc.

       8. 14.32. Admission or rejection of proofs following last date for proving

       9. 14.33. Postponement or cancellation of dividend

       10. 14.34. Declaration of dividend

       11. 14.35. Notice of declaration of a dividend

       12. Last notice about dividend in a winding up

       13. 14.36. Last notice about dividend in a winding up

       14. 14.37. Contents of last notice about dividend (administration, winding up and bankruptcy)

       15. Sole or final dividend

       16. 14.38. Sole or final dividend

       17. Administration and winding up: provisions as to dividends

       18. 14.39. Administration and winding up: provisions as to dividends

       19. 14.40. Supplementary provisions as to dividends and distributions

       20. 14.41. Secured creditors

       21. 14.42. Disqualification from dividend

       22. 14.43. Assignment of right to dividend

       23. 14.44. Debt payable at future time

       24. Administration and winding up: non-payment of dividend

       25. 14.45. Administration and winding up: non-payment of dividend

17. PART 15 DECISION MAKING

    1. CHAPTER 1 Application of Part

       1. 15.1. Application of Part

    2. CHAPTER 2 Decision procedures

       1. 15.2. Interpretation

       2. The prescribed decision procedures

       3. 15.3. The prescribed decision procedures

       4. 15.4. Electronic voting

       5. 15.5. Virtual meetings

       6. 15.6. Physical meetings

       7. Deemed consent (sections 246ZF and 379ZB)

       8. 15.7. Deemed consent (sections 246ZF and 379ZB)

    3. CHAPTER 3 Notices, voting and venues for decisions

       1. 15.8. Notices to creditors of decision procedure

       2. 15.9. Voting in a decision procedure

       3. 15.10. Venue for decision procedure

       4. Notice of decision procedures or of seeking deemed consent: when and to whom delivered

       5. 15.11. Notice of decision procedures or of seeking deemed consent: when and to whom delivered

       6. 15.12. Notice of decision procedure by advertisement only

       7. 15.13. Gazetting and advertisement of meeting

       8. 15.14. Notice to company officers, bankrupts etc. in respect of meetings

       9. 15.15. Non-receipt of notice of decision

       10. 15.16. Decisions on remuneration and conduct

    4. CHAPTER 4 Decision making in particular proceedings

       1. 15.17. Decisions in winding up of authorised deposit-takers

    5. CHAPTER 5 Requisitioned decisions

       1. Requisitions of decision

       2. 15.18. Requisitions of decision

       3. 15.19. Expenses and timing of requisitioned decision

    6. CHAPTER 6 Constitution of meetings

       1. 15.20. Quorum at meetings

       2. 15.21. Chair at meetings

       3. 15.22. The chair – attendance, interventions and questions

    7. CHAPTER 7 Adjournment and suspension of meetings

       1. 15.23. Adjournment by chair

       2. 15.24. Adjournment of meetings to remove a liquidator or trustee

       3. 15.25. Adjournment in absence of chair

       4. 15.26. Proofs in adjournment

       5. 15.27. Suspension

    8. CHAPTER 8 Creditors’ voting rights and majorities

       1. 15.28. Creditors’ voting rights

       2. 15.29. Scheme manager’s voting rights

       3. 15.30. Claim made in proceedings in other member States

       4. 15.31. Calculation of voting rights

       5. 15.32. Calculation of voting rights: special cases

       6. 15.33. Procedure for admitting creditors’ claims for voting

       7. 15.34. Requisite majorities

       8. 15.35. Appeals against decisions under this Chapter

    9. CHAPTER 9 Exclusions from meetings

       1. 15.36. Action where person excluded

       2. 15.37. Indication to excluded person

       3. 15.38. Complaint

    10. CHAPTER 10 Contributories’ voting rights and majorities

        1. 15.39. Contributories’ voting rights and requisite majorities

    11. CHAPTER 11 Records

        1. 15.40. Record of a decision

    12. CHAPTER 12 Company meetings

        1. 15.41. Company meetings

        2. 15.42. Remote attendance: notification requirements

        3. 15.43. Location of company meetings

        4. 15.44. Action where person excluded

        5. 15.45. Indication to excluded person

        6. 15.46. Complaint

18. PART 16 PROXIES AND CORPORATE REPRESENTATION

    1. 16.1. Application and interpretation

    2. 16.2. Specific and continuing proxies

    3. 16.3. Blank proxy

    4. 16.4. Use of proxies

    5. 16.5. Use of proxies by the chair

    6. 16.6. Right of inspection and retention of proxies

    7. 16.7. Proxy-holder with financial interest

    8. Corporate representation: bankruptcy and IVA

    9. 16.9. Instrument conferring authorisation to represent corporation

19. PART 17 CREDITORS’ AND LIQUIDATION COMMITTEES

    1. CHAPTER 1 Introductory

       1. 17.1. Scope and interpretation

    2. CHAPTER 2 Functions of a committee

       1. 17.2. Functions of a committee

    3. CHAPTER 3 Membership and formalities of formation of a committee

       1. Number of members of a committee

       2. 17.3. Number of members of a committee

       3. 17.4. Eligibility for membership of creditors’ or liquidation committee

       4. 17.5. Establishment of committees

       5. 17.6. Liquidation committee established by contributories

       6. 17.7. Notice of change of membership of a committee

       7. 17.8. Vacancies: creditor members of creditors’ or liquidation committee

       8. 17.9. Vacancies: contributory members of liquidation committee

       9. 17.10. Resignation

       10. 17.11. Termination of membership

       11. 17.12. Removal

       12. 17.13. Cessation of liquidation committee in a winding up when creditors are paid in full

    4. CHAPTER 4 Meetings of Committee

       1. 17.14. Meetings of committee

       2. 17.15. The chair at meetings

       3. 17.16. Quorum

       4. 17.17. Committee-members’ representatives

       5. 17.18. Voting rights and resolutions

       6. 17.19. Resolutions by correspondence

       7. 17.20. Remote attendance at meetings of committee

       8. 17.21. Procedure for requests that a place for a meeting should be specified

    5. CHAPTER 5 Supply of information by the office-holder to the committee

       1. Notice requiring office-holder to attend the creditors’ committee (administration and administrative receivership) (paragraph 57(3)(a) of Schedule B1 and section 49(2))

       2. 17.22. Notice requiring office-holder to attend the creditors’ committee (administration and administrative receivership) (paragraph 57(3)(a) of Schedule B1 and section 49(2))

       3. Office-holder’s obligation to supply information to the committee (winding up and bankruptcy)

       4. 17.23. Office-holder’s obligation to supply information to the committee (winding up and bankruptcy)

    6. CHAPTER 6 Miscellaneous

       1. 17.24. Expenses of members etc.

       2. 17.25. Dealings by committee members and others

       3. 17.26. Dealings by committee members and others: administration and administrative receivership

       4. Formal defects

       5. 17.27. Formal defects

       6. 17.28. Special rule for winding up by the court and bankruptcy: functions vested in the Secretary of State

    7. CHAPTER 7 Winding up by the court following an administration

       1. Continuation of creditors’ committee

       2. 17.29. Continuation of creditors’ committee

20. PART 18 REPORTING AND REMUNERATION OF OFFICE-HOLDERS

    1. CHAPTER 1 Introductory

       1. 18.1. Scope of Part 18 and interpretation

    2. CHAPTER 2 Progress reports

       1. 18.2. Reporting by the office-holder

       2. Contents of progress reports in administration, winding up and bankruptcy

       3. 18.3. Contents of progress reports in administration, winding up and bankruptcy

       4. 18.4. Information about remuneration

       5. 18.5. Information about pre-administration costs

       6. 18.6. Progress reports in administration: timing

       7. 18.7. Progress reports in voluntary winding up: timing

       8. 18.8. Progress reports in winding up by the court and bankruptcy: timing

       9. 18.9. Creditors’ and members’ requests for further information in administration, winding up and bankruptcy

       10. 18.10. Administration, creditors’ voluntary liquidation and compulsory winding up: reporting distribution of property to creditors under rule 14.13

       11. 18.11. Voluntary winding up: reporting arrangement under section 110

       12. 18.12. Members’ voluntary winding up: reporting distribution to members other than under section 110

       13. 18.13. Bankruptcy proceedings: reporting distribution of property to creditors under section 326

    3. CHAPTER 3 Final accounts in winding up and final reports in bankruptcy

       1. 18.14. Contents of final account (winding up) and final report (bankruptcy)

    4. CHAPTER 4 Remuneration and expenses in administration, winding up and bankruptcy

       1. 18.15. Application of Chapter

       2. 18.16. Remuneration: principles

       3. 18.17. Remuneration of joint office-holders

       4. 18.18. Remuneration: procedure for initial determination in an administration

       5. 18.19. Remuneration: procedure for initial determination in a members’ voluntary winding up

       6. 18.20. Remuneration: procedure for initial determination in a creditors’ voluntary winding up or a winding up by the court

       7. 18.21. Remuneration: procedure for initial determination in a bankruptcy

       8. 18.22. Application of scale fees where creditors fail to fix the basis of the office-holder’s remuneration

       9. 18.23. Remuneration: application to the court to fix the basis

       10. 18.24. Remuneration: administrator, liquidator or trustee seeking increase etc.

       11. 18.25. Application for an increase etc. in remuneration: the general rule

       12. 18.26. First exception: administrator has made a statement under paragraph 52(1)(b) of Schedule B1

       13. 18.27. Second exception: administrator who had applied for increase etc. under rule 18.24 becomes liquidator

       14. 18.28. Remuneration: recourse by administrator, liquidator or trustee to the court

       15. 18.29. Remuneration: review at request of administrator, liquidator or trustee

       16. 18.30. Remuneration: exceeding the fee estimate

       17. 18.31. Remuneration: new administrator, liquidator or trustee

       18. 18.32. Remuneration: apportionment of set fees

       19. 18.33. Remuneration: variation of the application of rules 18.29, 18.30 and 18.32

       20. 18.34. Remuneration and expenses: application to court by a creditor or member on grounds that remuneration or expenses are excessive

       21. Remuneration and expenses: application to court by a bankrupt on grounds that remuneration or expenses are excessive

       22. 18.35. Remuneration and expenses: application to court by a bankrupt on grounds that remuneration or expenses are excessive

       23. 18.36. Applications under rules 18.34 and 18.35 where the court has given permission for the application

       24. 18.37. Applications under rule 18.34 where the court’s permission is not required for the application

       25. 18.38. Remuneration of a liquidator or trustee who realises assets on behalf of a secured creditor

21. PART 19 Disclaimer in winding up and bankruptcy

    1. 19.1. Application of this Part

    2. 19.2. Notice of disclaimer (sections 178 and 315)

    3. 19.3. Notice of disclaimer to interested persons (sections 178 and 315)

    4. 19.4. Notice of disclaimer of leasehold property (sections 179 and 317)

    5. 19.5. Notice of disclaimer in respect of a dwelling house (bankruptcy) (section 318)

    6. 19.6. Additional notices of disclaimer

    7. 19.7. Records

    8. 19.8. Application for permission to disclaim in bankruptcy (section 315(4))

    9. 19.9. Application by interested party for decision on disclaimer (sections 178(5) and 316)

    10. 19.10. Disclaimer presumed valid and effective

    11. 19.11. Application for exercise of court’s powers under section 181 (winding up) or section 320 (bankruptcy)

22. PART 20 Debtors and their families at risk of violence: orders not to disclose current address

    1. 20.1. Application of this Part and interpretation

    2. 20.2. Proposed IVA (order for non-disclosure of current address)

    3. 20.3. IVA (order for non-disclosure of current address)

    4. 20.4. Debt relief application (order for non-disclosure of current address)

    5. 20.5. Bankruptcy application (order for non-disclosure of current address)

    6. 20.6. Bankruptcy and debt relief proceedings (order for non-disclosure of current address)

    7. 20.7. Additional provisions in respect of orders under rule 20.6(4)

23. PART 21 THE EC REGULATION

    1. 21.1. Interpretation for this Part

    2. 21.2. Conversion into winding up proceedings or bankruptcy: application

    3. 21.3. Conversion into winding up proceedings or bankruptcy: court order

    4. 21.4. Confirmation of creditors’ voluntary winding up: application

    5. 21.5. Confirmation of creditors’ voluntary winding up: court order

    6. 21.6. Confirmation of creditors’ voluntary winding up: notice to member State liquidator

    7. 21.7. Member State liquidator: duty to give notice

    8. 21.8. Member State liquidator: rules on creditors’ participation in proceedings

24. PART 22 PERMISSION TO ACT AS DIRECTOR ETC. OF COMPANY WITH A PROHIBITED NAME (SECTION 216)

    1. 22.1. Preliminary

    2. 22.2. Application for permission under section 216(3)

    3. 22.3. Power of court to call for liquidator’s report

    4. 22.4. First excepted case

    5. 22.5. Statement as to the effect of the notice under rule 22.4(2)

    6. 22.6. Second excepted case

    7. 22.7. Third excepted case

25. Signature

26. 1. SCHEDULE 1

       Revocations

    2. SCHEDULE 2

       Transitional and savings provisions

       1. 1. General

       2. 2. Requirement for office-holder to provide information to creditors on opting out

       3. 3. Electronic communication

       4. 4. Statements of affairs

       5. 5. Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence

       6. 6. Savings in respect of final meetings taking place on or after the commencement date

       7. 7. Progress reports and statements to the registrar of companies

       8. 8. Foreign currency

       9. 9. CVA moratoria

       10. 10. Priority of expenses of voluntary arrangements

       11. 11. General powers of liquidator

       12. 12. Fast-track voluntary arrangements

       13. 13. First trustee in bankruptcy

       14. 14. Applications before the court

       15. 15. Forms

       16. 16. Registers

       17. 17. Administrations commenced before 15th September 2003

       18. 18. Set-off in insolvency proceedings commenced before 1st April 2005

       19. 19. Calculating the value of future debts in insolvency proceedings commenced before 1st April 2005

       20. 20. Obligations arising under family proceedings where bankruptcy order is made on or before 31 March 2005

       21. 21. Insolvency practitioner fee estimates

       22. 22. Transitional provision for paragraph 83 cases moving before 6th April 2010

    3. SCHEDULE 3

       Punishment of offences under these Rules

    4. SCHEDULE 4

       Service of documents

       1. 1. (1) This Schedule sets out the requirements for service where...

       2. 2. Service of winding-up petitions

       3. 3. Service of administration application (paragraph 12 of Schedule B1)

       4. 4. Service on joint office-holders

       5. 5. Service of orders staying proceedings

       6. 6. Certificate of service

       7. Table of requirements for service

    5. SCHEDULE 5

       Calculation of time periods

    6. SCHEDULE 6

       Insolvency jurisdiction of county court hearing centres

    7. SCHEDULE 7

       Information to be provided in the bankruptcy application

       1. PART 1

          1. Debtor’s personal information

             1. 1. Debtor’s title.

             2. 2. Debtor’s identification details.

             3. 3. Any previous name or other names by which the debtor...

       2. PART 2

          1. Additional personal information

             1. 4. Debtor’s contact telephone number.

             2. 5. Debtor’s email address (if any).

             3. 6. Debtor’s date of birth.

             4. 7. Debtor’s National Insurance number.

             5. 8. Debtor’s gender.

             6. 9. Any previous address at which the debtor has resided during...

             7. 10. Whether the debtor is— (a) single; (b) married;

             8. 11. All occupants of the debtor’s household and in relation to...

             9. 12. Any other person dependent on the debtor and in relation...

          2. Occupation and employment details

             1. 13. Debtor’s occupation (if any).

             2. 14. Debtor’s employment status.

             3. 15. Where the debtor is employed— (a) date when the debtor...

             4. 16. Where the debtor is unemployed— (a) date when the debtor...

             5. 17. Where the debtor has worked for any previous employers during...

             6. 18. Where the debtor is, or has been, self-employed other than...

             7. 19. Where the debtor traded in a partnership at any time...

             8. 20. Where the debtor is, or has been, a director or...

          3. Creditors

             1. 21. In respect of each creditor— (a) name and address;

             2. 22. Where the debtor has an interest in a property, in...

          4. Legal proceedings

             1. 23. Where the debtor is, or has been in the five...

             2. 24. Where the debtor is involved in proceedings, other than proceedings...

          5. Assets and liabilities

             1. 25. Total value of assets.

             2. 26. Total value of liabilities.

             3. 27. Debtor’s net monthly income from all sources.

             4. 28. Debtor’s monthly surplus income calculated by reference to paragraphs 23...

    8. SCHEDULE 8

       Additional information to be provided in the bankruptcy application

       1. Disposal of assets

          1. 1. Where in the five years preceding the date on which...

          2. 2. Where in the five years preceding the date on which...

       2. Financial arrangements with creditors

          1. 3. Where the debtor has been made bankrupt in the two...

          2. 4. Where the debtor has entered into a debt relief order...

          3. 5. Where the debtor has, or has had, an IVA in...

          4. 6. Where the debtor has, or has had, an arrangement in...

       3. Legal and financial advisers

          1. 7. Where a solicitor has acted for or on behalf of...

          2. 8. Where an accountant, book keeper or other financial adviser has...

       4. Business affairs of a self-employed debtor

          1. 9. Where the debtor traded in a partnership at any time...

          2. 10. Where the debtor is or has been self-employed (other than...

          3. 11. Where the debtor is or has been self-employed (including a...

       5. Financial affairs – assets

          1. 12. The nature and value of each asset belonging to the...

          2. 13. Where any asset is owned jointly with another person—

          3. 14. Where any asset is subject to the rights of any...

          4. 15. Where the debtor holds or has held in the last...

          5. 16. Where the debtor owns a motor vehicle or has disposed...

          6. 17. Where the debtor regularly uses a motor vehicle that the...

          7. 18. Where the debtor owns any property consisting of land or...

          8. 19. Where the debtor rents or leases a property, in respect...

          9. 20. Where the debtor has an interest in any other property,...

          10. 21. Where the debtor resides at a property in which the...

          11. 22. Where the debtor has or has held within the five...

       6. Financial affairs – income and expenditure

          1. 23. Debtor’s total annual income from all sources, the sources of...

          2. 24. Total annual household income from all sources, the sources of...

          3. 25. Current (or last) income tax reference number.

          4. 26. Monthly national insurance.

          5. 27. Mean monthly tax.

          6. 28. Where the debtor has any current attachment of earnings orders...

          7. 29. Particulars of the debtor’s mean monthly expenditure which the debtor...

          8. 30. Particulars of the debtor’s monthly expenditure not otherwise provided under...

       7. Enforcement officers and enforcement agents

          1. 31. Where an enforcement officer or enforcement agent has visited the...

       8. Cause of insolvency

          1. 32. Why the debt was incurred.

          2. 33. Date when the debtor first experienced difficulty in paying some...

          3. 34. Reasons for the debtor not having enough money to pay...

          4. 35. Where the debtor has gambled any money through betting or...

    9. SCHEDULE 9

       Information to be given to creditors

       1. 1. Title of the debtor.

       2. 2. Debtor’s identification details.

       3. 3. Any previous name or other names by which the debtor...

       4. 4. Any previous address at which the debtor has resided at...

       5. 5. Name and address for each creditor.

       6. 6. Amount each creditor claims is due.

       7. 7. Debtor’s occupation (if any).

       8. 8. Debtor’s employment status.

       9. 9. Where the debtor is, or has been, self-employed other than...

       10. 10. Total value of assets.

       11. 11. Total value of liabilities.

       12. 12. Where in the five years preceding the date of the...

       13. 13. Where any asset is owned jointly with another person, the...

       14. 14. Where any asset is subject to the rights of any...

       15. 15. Where the debtor owns a motor vehicle or has disposed...

       16. 16. Where the debtor regularly uses a motor vehicle that the...

       17. 17. Where the debtor owns or has an interest in any...

       18. 18. Where the debtor holds or has held within the five...

       19. 19. Debtor’s net monthly income from all sources.

       20. 20. Debtor’s monthly surplus income after taking into account any contribution...

       21. 21. Current (or last) income tax reference number.

       22. 22. In relation to each creditor— (a) name and address;

    10. SCHEDULE 10

        Destination of appeals from decisions of District Judges in corporate insolvency matters

    11. SCHEDULE 11

        Determination of insolvency office-holder’s remuneration

27. Explanatory Note