PART 1SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS

CHAPTER 9Delivery of documents and opting out (sections 246C, 248A27, 379C and 383A28)

Office-holder to provide information to creditors on opting-out1.39

1

The office-holder must, in the first communication with a creditor, inform the creditor in writing that the creditor may elect to opt out of receiving further documents relating to the proceedings.

2

The communication must contain—

a

identification and contact details for the office-holder;

b

a statement that the creditor has the right to elect to opt out of receiving further documents about the proceedings unless—

i

the Act requires a document to be delivered to all creditors without expressly excluding opted-out creditors,

ii

it is a notice relating to a change in the office-holder or the office-holder’s contact details, or

iii

it is a notice of a dividend or proposed dividend or a notice which the court orders to be sent to all creditors or all creditors of a particular category to which the creditor belongs;

c

a statement that opting-out will not affect the creditor’s entitlement to receive dividends should any be paid to creditors;

d

a statement that unless these Rules provide to the contrary opting-out will not affect any right the creditor may have to vote in a decision procedure or a participate in a deemed consent procedure in the proceedings although the creditor will not receive notice of it;

e

a statement that a creditor who opts out will be treated as having opted out in respect of any consecutive insolvency proceedings of a different kind in respect of the same company or individual; and

f

information about how the creditor may elect to be or cease to be an opted-out creditor.