PART 1SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS
CHAPTER 9Delivery of documents and opting out (sections 246C and 248A M1)
Delivery to the creditors and opting out1
1
Where the Act or a rule requires an office-holder to deliver a document to the creditors, or the creditors in a class, the requirement is satisfied by the delivery of the document to all such creditors of whose address the office-holder is aware other than opted-out creditors unless the opt out does not apply.
2
Where a creditor has opted out from receiving documents, the opt out does not apply to—
a
a notice which the Act requires to be delivered to all creditors without expressly excluding opted-out creditors;
b
a notice of a change in the office-holder or the contact details for the office-holder;
c
a notice as provided for by section 246C(2) (notices of distributions, intended distributions and notices required to be given by court order); or
d
a document which these Rules require to accompany a notice within sub-paragraphs (a) to (c).
3
The office-holder must begin to treat a creditor as an opted-out creditor as soon as reasonably practicable after delivery of the creditor's election to opt out.
4
An office-holder in any consecutive insolvency proceedings of a different kind under Parts 1, 2, 4 or 5 of the Act in respect of the same company who is aware that a creditor was an opted-out creditor in the earlier insolvency proceedings must treat the creditor as an opted-out creditor in the consecutive insolvency proceedings.
Section 246C was inserted by section 124(3) of the 2015 Act and section 248A was inserted by section 124(4) of the 2015 Act.