UK Statutory Instrument SI 2009/351 United Kingdom

The Bank Insolvency (Scotland) Rules 2009

Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Director or Officer14

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Director or Officer — also bound by 429 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.art008 Appointment of bank liquidator by the court Regulated
  • Bank liquidator must immediately notify regulators and advertise appointmentDirector or Officer
s.art021 Report by bank liquidator Regulated
  • Publish first bank insolvency report on the bank's website within 8 weeksDirector or Officer
s.art023 First meetings in the bank liquidation Regulated
  • Summon and notify first meetings of creditors and contributoriesDirector or Officer
s.art032 Appointment to be advertised and registered Regulated
  • Advertise appointment and notify court, registrar and Accountant in BankruptcyDirector or Officer
s.art035 General qualification on powers Regulated
  • Bank liquidator must exercise powers consistently with Objective 1 before full payment resolutionDirector or Officer
s.art036 Summoning of meeting for removal of bank liquidator Regulated
  • Bank liquidator must summon creditors' removal meeting when orderedDirector or Officer
s.art041 Resignation of liquidator Regulated
  • Call creditor meeting and obtain Bank of England consent before resigningDirector or Officer
s.art042 Action following acceptance of bank liquidator’s resignation Regulated
  • Bank liquidator must lodge resignation notice with court and notify Bank of England and Companies HouseDirector or Officer
s.art044 Final meeting Regulated
  • Conduct final meeting and submit final report as bank liquidatorDirector or Officer
s.art050 Replacement bank liquidator Regulated
  • Forward and advertise your appointment as bank liquidatorDirector or Officer
s.art053 Resignation of the bank liquidator Regulated
  • Bank liquidator must follow resignation procedure with Bank of England consentDirector or Officer
s.art054 Notice to Bank of England of intention to vacate office Regulated
  • Notify Bank of England before vacating office as bank liquidatorDirector or Officer
s.art099 Chair of meetings Regulated
  • Chair bank insolvency meetings or nominate a qualified chairDirector or Officer
s.art101 Requisitioned meetings reforming the liquidation committee Regulated
  • Bank liquidator must summon meeting to re‑establish liquidation committee if 1/10 of creditors request itDirector or Officer
118 other provisions — procedural and definitional
s.art001 Citation and commencement
s.art002 Extent
s.art003 Application of rules, construction and interpretation
s.art004 Time limits
s.art005 Overview
s.art006 Application for bank insolvency order
s.art007 Persons entitled to copy of application
s.art009 Initial duties of bank liquidation committee
s.art010 Authentication of bank liquidator’s appointment
s.art011 Appointment of provisional bank liquidator
s.art012 Order of appointment of provisional bank liquidator
s.art013 Caution
s.art014 Failure to find or to maintain caution
s.art015 Remuneration
s.art016 Termination of appointment
s.art017 Notice requiring statement of affairs
s.art018 Form of the statement of affairs
s.art019 Expenses of statement of affairs
s.art020 Limited disclosure
s.art022 Information as to pending liquidations
s.art024 Business at the first meeting of creditors and contributories
s.art025 Other meetings
s.art026 Attendance at meetings of bank’s personnel
s.art027 Submission of claims
s.art028 Application of the
s.art029 Claims in foreign currency
s.art030 Rights of eligible depositor and set-off
s.art031 Appointment by creditors
s.art033 Hand-over of assets to bank liquidator
s.art034 Taking possession and realisation of the company’s assets
s.art037 Procedure on bank liquidator’s removal
s.art038 Release of bank liquidator on removal
s.art039 Removal of bank liquidator by the court
s.art040 Advertisement of removal
s.art043 Release of resigning or removed bank liquidator
s.art045 Determination of amount of outlays and remuneration
s.art046 Recourse of liquidator to meeting of creditors
s.art047 Recourse to the court
s.art048 Creditors’ claim that remuneration is excessive
s.art049 Primacy of Objective 1
s.art051 Bank liquidator deceased
s.art052 Loss of qualification as insolvency practitioner
s.art055 Power of court to set aside certain transactions
s.art056 Rule against solicitation
s.art057 Application of rules
s.art058 Membership of committee
s.art059 Formalities of establishment
s.art060 Committee established by contributories
s.art061 Obligations of liquidator to committee
s.art062 Meetings of the committee
s.art063 The chair at meetings
s.art064 Quorum
s.art065 Committee members’ representatives
s.art066 Resignation
s.art067 Termination of membership
s.art068 Removal
s.art069 Vacancy (creditor members)
s.art070 Vacancy (contributory members)
s.art071 Voting rights and resolutions
s.art072 Resolutions by post
s.art073 Liquidator’s reports
s.art074 Expenses of members,
s.art075 Dealings by committee-members and others
s.art076 Composition of committee when creditors paid in full
s.art077 Formal defects
s.art078 Order of priority in distribution
s.art079 Order of priority of expenses of liquidation
s.art080 Application of the Bankruptcy Act
s.art081 Appointment and remuneration
s.art082 Caution
s.art083 Failure to find or maintain caution
s.art084 Accounting
s.art085 Termination of appointment
s.art086 Secretary of State’s directions under section 116 of the
s.art087 Procedure following appeal under section 116 of the 2009 Act
s.art088 Limitation
s.art089 Dissolution after winding up
s.art090 Preliminary
s.art091 Application for leave under section 216(3) before passing of full payment resolution
s.art092 Application for leave under section 216(3)
s.art093 First excepted case
s.art094 Second excepted case
s.art095 Third excepted case
s.art096 Further exception
s.art097 Summoning of meetings
s.art098 Notice of meeting
s.art100 Meetings requisitioned
s.art102 Quorum
s.art103 Adjournment
s.art104 Entitlement to vote (creditors)
s.art105 Entitlement to vote (members and contributories)
s.art106 Chair of meeting as proxy holder
s.art107 Resolutions
s.art108 Report of meeting
s.art109 Application under section 176A(5) to disapply section 176A
s.art110 Notice of order under section 176A(5)
s.art111 Definition of “proxy”
s.art112 Form of proxy
s.art113 Use of proxy at meeting
s.art114 Retention of proxies
s.art115 Right of inspection
s.art116 Proxy holder with financial interest
s.art117 Representation of corporations
s.art118 Giving of notices, etc
s.art119 Service outside the United Kingdom
s.art120 Sending by post
s.art121 Certificate of giving notice,
s.art122 Validity of proceedings
s.art123 Evidence of proceedings at meetings
s.art124 Right to list of creditors and copy documents
s.art125 Confidentiality of documents
s.art126 Insolvency practitioner’s caution
s.art127 Forms for use in insolvency proceedings
s.art128 Fees, expenses, etc
s.art129 Power of court to cure defects in procedure
s.art130 Sederunt book
s.art131 Disposal of company’s books, papers and other records
s.art132 Information about time spent on a case

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