Insolvency (England and Wales) Rules 2016
What this means for your business
- Enforced by
- Companies House
- Applies to
- United Kingdom
- On this page
- 193 compliance obligations, 1 practical guide
What you must do
193 compliance obligations under this legislation — 1 can result in imprisonment.
Appointments 4
Authorise a representative to receive insolvency documents
If your company is involved in insolvency proceedings, you can give a solicitor or other person the right to receive any required documents on your behalf. You must provide that person with a written authorisation. This lets the documents be delivered to the authorised representative instead of having you personally manage each delivery.
Ensure committee meetings are chaired by the office‑holder or an appointed person
Whenever a committee meeting is held under the Insolvency Rules you must make sure the person leading the meeting is either the official office‑holder (e.g., the trustee or liquidator) or someone you have formally appointed as chair. You cannot allow an unauthorised person to chair the meeting.
Invite and nominate a new trustee after removal
If you are a creditor in a bankruptcy who has voted to remove the current trustee but has not yet named a replacement, you must respond to the trustee’s notice. Within five business days you have to submit a written proposal for a new trustee, and later help decide on the appointment.
Provide consent and qualification when proposing an alternative supervisor
If you, as a creditor, suggest appointing someone other than the nominated supervisor, you must give the nominee written proof that the person is qualified and that they agree to act. If the suggestion is made at a creditors’ meeting, the proposed supervisor must show the chair their qualification and written consent (or give oral consent if present) before the vote.
Inspections 2
Allow inspection of creditor proofs
If you are the appointed office‑holder (e.g., liquidator, administrator or trustee) you must let creditors who have lodged a proof of claim, members of the company (or the bankrupt person) and anyone acting for them view those proofs. This must be at reasonable times on any business day while you still hold the documents.
Retain meeting proxies and allow inspection
If you run a meeting (for example a creditors' or members' meeting) and receive proxy forms, you must keep those originals and pass them to the office‑holder as soon as reasonably possible after the meeting. The office‑holder must then let the entitled people – creditors, members, directors or the debtor – inspect the proxies at reasonable times on any business day.
Management duties 16
Apply to court to end special manager’s appointment
If you are the liquidator and you decide the special manager is no longer needed – or the creditors decide they should be removed – you must formally apply to the court for directions to terminate their appointment. The court will then decide whether to end the appointment.
Arrange creditor meeting within 14 days of requisition
If enough of your creditors ask for a physical meeting to discuss an insolvency proposal, you must organise that meeting within 14 days of their request. You also need to send a notice of the meeting to every creditor at least seven days before the meeting takes place.
Avoid conflicts of interest when voting as a proxy‑holder in insolvency
If you act as a proxy‑holder at a creditors’ meeting, you must not vote for any resolution that would give you or someone connected to you a fee, remuneration or expense from the insolvent estate, or change the amount of such payments. You can only vote for such a resolution if the person who gave you the proxy specifically tells you to do so.
Calculate and apply set‑off for mutual dealings in a winding‑up
If your company goes into liquidation and you have any credits or debts with a creditor who is also making a claim in the winding‑up, you must work out the net amount you owe each other. Only the balance you owe the creditor can be proved as a debt, and any balance you are owed must be handed to the liquidator as part of the assets.
Call and give notice for committee meetings
If you are the office‑holder (e.g., trustee, liquidator or other insolvency practitioner) you must arrange the first committee meeting within six weeks of the committee being set up, and any further meetings when requested or as previously agreed. You also need to give each committee member at least five business days’ notice of the venue, unless they have waived that right.
Decide on proofs of debt within 14 days of deadline
If you are the insolvency office‑holder (e.g. administrator or liquidator), you must, within 14 days after the final date set for creditors to file proofs of debt, either accept, reject (in whole or part) or otherwise deal with each proof you have received. You do not have to act on proofs sent after that deadline, although you may if you wish.
Deliver proxies to the chair or office‑holder as required for meetings
When you hold an insolvency‑related meeting (e.g., a creditors’ meeting), any proxy you want to use must be handed to the chair before the meeting starts, or to the office‑holder for a continuing proxy. The same rule applies if the meeting is resumed after an adjournment, and the chair can require the proxy to match the standard form. Failing to follow these steps breaches the Insolvency Rules.
Handle complaints of exclusion at insolvency meetings
If anyone feels they have been wrongly excluded from an insolvency meeting (or affected by someone else's exclusion), they must lodge a complaint by 4 pm on the next business day. The meeting chair (or the convener after the meeting) must promptly consider the complaint, decide whether the person was excluded, and if the excluded vote would have changed the outcome, adjust the result and inform all parties.
Handle proxies and propose required resolutions as chair
If you act as the chair of a creditors' meeting (e.g. in an administration or winding‑up), you must accept any proxy that names you as proxy‑holder, treat the proxy as if you were the holder, and propose any resolution that a proxy requires when no one else does – unless you have a good reason not to. If you decide not to propose the resolution, you must promptly explain why to the creditor who gave the proxy.
Limit adjournments of moratorium meetings to 14 days
If you are chairing a creditors’ meeting that decides on a moratorium under Part A1 of the Insolvency Act, you must ensure any adjournment does not exceed 14 days and, where the meeting is about extending the moratorium, the new date must be before the moratorium ends. The same rule can be used to adjourn the meeting more than once, but each adjournment must follow these limits.
Obtain approval before dealing with insolvent estate assets
If your business is a member of an insolvency committee (or you act as a representative or associate of such a member) you must not make any deal that gives you payment, profit or an asset from the insolvent estate unless you first get the committee’s sanction, a court order, or urgent court permission. You also must not vote on any approval where you are directly or indirectly involved.
Obtain creditor consent before adjourning removal meeting
If you are chairing a creditors' meeting that is trying to remove the liquidator or trustee, you cannot simply put the meeting on hold. You must first get the agreement of creditors holding at least half of the total voting value before you can adjourn. This ensures the removal process cannot be stalled without sufficient creditor support.
Process debt relief order applications promptly and correctly
If you act as an approved intermediary, you must prepare a debt relief order (DRO) application as soon as reasonably possible after a debtor asks you to. You need to help the debtor gather the required information, confirm they meet the DRO thresholds, warn them of the conditions and the risks of false statements, and then send the completed application to the Official Receiver without delay.
Request and set location for insolvency meeting
If you (as a member or creditor) want an insolvency meeting to be held at a particular place, you must send a formal request together with a list of members, their voting rights and each member’s confirmation within 7 business days of the meeting notice. The meeting convener must then choose the venue, set a new date (no later than 28 days after the original date) and give everyone at least 14 days’ notice. The chair of the meeting must attend in person at that venue.
Summon a physical meeting for creditors when thresholds are met
If your company is in an insolvency decision or deemed consent procedure and creditors reach a set threshold, you (as the convener, usually the director or insolvency practitioner) must call a physical meeting. The meeting has to be organised quickly, with proper notice, and you must allow remote participation if requested.
Transfer assets to IVA supervisor promptly
If you have an Individual Voluntary Arrangement (IVA) approved, you must hand over any assets covered by the IVA to the appointed supervisor as soon as reasonably practicable. Where you are an undischarged bankrupt, the official receiver or trustee must do the same, and the supervisor must use the first realisation of those assets to pay any fees or advances owed to the official receiver or trustee.
Notifications 72
Assist in appointing a liquidator when a creditor winding‑up conversion occurs
If the company you owe money to starts winding up under a creditors’ voluntary plan, the liquidator must notify all creditors and ask you to pick a new liquidator. You’ll need to receive the notice, review the statement of affairs, and, if you agree, nominate a liquidator within the time limits set out. This is a procedural duty that runs concurrently with the liquidation process.
Deliver copies of an interim order to required parties
If you apply to the court and an interim order is made, you must promptly send copies of that order to the nominee, the official receiver (if the debtor is an undischarged bankrupt and you are not the official receiver), and any other person who should have been notified of the hearing but was not present. This ensures all interested parties are formally aware of the court's decision.
Deliver CVA revocation/suspension order to required parties
If a court revokes or suspends your company's CVA, you must promptly send a sealed copy of the order to the proposer and any supervisor, notify anyone the court directs to act, inform all parties who received the original proposal notice, and file a copy with Companies House within five business days.
Deliver notice of call to each contributory
When a call on shareholders (contributories) is approved during liquidation, you must send each shareholder a notice that includes full details of the call, the amount they owe, the payment deadline and the interest that will apply if they do not pay on time. The notice must also include a copy of the resolution or court order that authorised the call.
Deliver sealed administration order to the appointed administrator
If you apply to the court for an administration order and the court grants it, you must promptly give a sealed copy of that order to the person appointed as administrator. This lets the administrator start managing the company's affairs without delay.
Deliver sealed copy of income payments order
If you are acting as the trustee in a bankruptcy, you must give the bankrupt a sealed copy of any income payments order as soon as reasonably possible after the court makes it. If the order is made under section 310(3)(b), you also have to give a sealed copy to the person to whom the order is addressed.
Estimate and notify creditors of uncertain debt values
If your company is in a moratorium decision, administration or winding‑up, the appointed insolvency practitioner must work out how much any debt that isn’t fixed is worth, update that figure if circumstances change, and must tell the creditor the amount. This keeps creditors informed of what they can expect to be paid.
File and serve a notice of opposition to a bankruptcy petition
If your business is facing a bankruptcy petition and you want to fight it, you must submit a written notice to the court and give a copy to the creditor (or their solicitor) at least five business days before the hearing. The notice must name the case, say you are opposing the order, and set out the reasons for your opposition.
File and serve a notice of opposition to an insolvency application
If your company is served with a court application in an insolvency matter and you want to contest it, you must file a notice of opposition with the court at least three business days before the hearing and send copies to the applicant (or their solicitor) and any other parties the rule requires. This lets the court and the other side know you will oppose the application and what your reasons are.
File and serve court application to annul a bankruptcy order
If you want a bankruptcy order cancelled, you must lodge a court application that clearly states which ground you are relying on, attach a detailed witness statement and file a copy with the court. You also have to notify the official receiver, any trustee and the person who made the petition of the hearing venue, observing the required notice periods.
Give consent to extend an administrator’s term
If your company is in administration and the administrator wants more time to run the business, they will send you a notice explaining why. Your job is to read that notice and let the administrator know whether you agree to the extension, or not, within a reasonable time.
Give five business days notice before applying to replace insolvency nominee
If you want the court to replace the insolvency practitioner (the nominee) handling your case, you must inform the current nominee at least five business days before you file the application. Likewise, the nominee must give you the same notice if they wish to be replaced. This gives both parties time to prepare before the court considers the request.
Give five‑day notice before applying to replace a nominee
If you (or your current insolvency nominee) plan to ask the court to replace the nominee, you must notify the other party at least five business days before you actually file the court application. The notice must be sent to the nominee if you are the applicant, or to the person proposing the change if you are the nominee.
Give notice and copies when varying an income‑payments agreement
If you (or your trustee/official receiver) apply to the court to change an income‑payments agreement, you must send the other side a copy of the application and a notice of the hearing venue at least 28 days before the hearing. If a third‑person is asked to make the payments, they must also be notified, and any fee you deduct from the payment must be item‑listed and a statement given to the bankrupt.
Give notice before appearing at a petition hearing
If you are a creditor or shareholder and you plan to attend the court hearing of a petition to wind up a company, you must send a written notice to the petitioner (or their solicitor) containing specific details and signed by you. The notice must reach them by 4 pm on the business day before the hearing (or any adjourned hearing). If you fail to do this, you can only appear with the court’s permission.
Give notice before applying to replace the insolvency nominee
If your company (or its director) wants to ask the court to replace the insolvency practitioner (nominee) acting in an administration, you must send a written notice to the current nominee at least five business days before you lodge the court application. The same applies if the nominee wishes to be replaced – they must also give you notice five business days in advance.
Give notice before resigning as administrative receiver
If you are acting as an administrative receiver, you must inform the party that appointed you, the company (or its liquidator if the company is already in liquidation) and the creditors’ committee of your intention to resign. The notice must be sent at least five business days before the date you want your resignation to take effect and must state that date.
Give notice before resigning as administrator
If you are acting as an administrator and want to quit (or ask the court to let you quit) you must send a notice at least five business days in advance. The notice must contain key details of the administration and a summary of your receipts and payments, and it must be sent to the appropriate parties (the other administrator, creditors’ committee, company, creditors, and any charge‑holders).
Give notice of overseas insolvency proceedings
If your company becomes involved in insolvency or winding‑up proceedings in another EU member state, you must inform the UK insolvency court (or the official handling the UK case) that those foreign proceedings exist. This lets the UK court coordinate any cross‑border action and ensures the correct legal steps are taken.
Include access details and suspension notice in creditor virtual‑meeting notices
If you run a virtual meeting as part of an insolvency decision procedure, the notice you send to creditors must tell them how to join (phone number, access code, password, etc.) and must state that the chair can suspend or adjourn the meeting, and that it will be adjourned if that is decided. This ensures creditors know how to participate and understand the meeting’s possible interruptions.
Include complete bankrupt details in non‑gazette bankruptcy notices
If you send a notice that relates to a bankruptcy, you must provide a full set of details about the bankrupt. That means giving their address, trading address, date of birth, occupation, any other names they’re known by, and any business names they used for the bankrupt’s affairs. This ensures the notice is clear, accurate and can be acted upon by creditors and the court.
Include required details in notices about documents
Whenever your business issues a notice that refers to a document (for example, a filing with the insolvency registrar), the notice must clearly state what the document is, the date it was made, and, if it covers a period of time, the exact period it relates to. This helps the recipient understand the notice and keeps you compliant with the insolvency rules.
Include required information in all insolvency notices
Whenever you send a notice that falls under the Insolvency (England and Wales) Rules 2016, you must make sure it contains specific details – what the notice is about, which proceedings it relates to, who the bankrupt or debtor is (if an individual), the exact legal provision you’re relying on, and, if you’re the office‑holder sending it, your contact details. This ensures the notice is clear and legally compliant.
Include required statements in notice of intention to declare dividend or distribution
When you are winding up a company and plan to pay a dividend or make a distribution to creditors, you must send a notice that contains specific information – what you intend to pay, whether it is interim or final, the deadline for creditors to prove their debts (at least 21 days from the notice), where proofs must be sent, any extra details for small debts and, for a members’ voluntary winding‑up, a statement that unproved debts can be ignored. This ensures creditors are properly informed and can submit their proofs on time.
Include the required standard contents in all insolvency notices
When you have to send a notice because of insolvency proceedings (e.g., a winding‑up or administration notice), you must make sure the notice contains the standard set of information prescribed by the Insolvency Rules. This is in addition to any extra details the law may specifically ask for.
Notify all relevant parties and attach consent when applying to replace an administrator
If you make a court application to replace a company’s administrator, you must include the new administrator’s written consent and send a copy of the application to everyone with a stake – the original applicant, any receivers, anyone who could appoint a receiver or administrator, the company itself, the court and the proposed new administrator. If you’re applying under paragraph 95 you also need a witness statement explaining why.
Notify bankrupt of income payments order application
If you are acting as the bankruptcy trustee and you apply for an income payments order, you must send a written notice to the bankrupt at least 28 days before the court hearing. The notice must include a copy of your application, the reasons for it, and explain the bankrupt’s right to attend the hearing or to consent to the order in writing.
Notify change of committee membership
If you are the appointed office‑holder (e.g. liquidator, trustee or administrator) and the membership of a liquidation or creditors' committee changes, you must send a new notice with the required details. The notice must be signed, dated and sent to the appropriate authority as soon as reasonably practicable.
Notify Companies House and directors if a liquidator dies
If the liquidator of your company dies, someone acting on their behalf must inform the company director and Companies House as soon as reasonably practicable. The notice must be sent within 21 days of death, and if it isn’t, any person can deliver it.
Notify Companies House of liquidator removal
If your company decides to remove its liquidator at a meeting, the liquidator who has been removed must promptly inform Companies House that they are no longer acting as liquidator. This ensures the public register is kept up‑to‑date and avoids administrative penalties.
Notify Companies House of replacement or additional administrator
If a replacement or extra administrator is appointed to your insolvent company, you must send the official notice to Companies House and ensure every document clearly states that it is a replacement or additional administrator. This keeps the public register up‑to‑date and complies with the insolvency rules.
Notify Companies House when you stop being a qualified administrator
Unlimited fineIf you are acting as an administrator of a company and you lose the qualification to act as an insolvency practitioner, you must send a notice to Companies House. This is in addition to any other notice you already have to give under the insolvency rules. Failing to do so can lead to a criminal offence.
Notify creditors of the liquidator’s appointment
If a court appoints a liquidator for your company under section 108, the liquidator must inform all of the company’s creditors that they have been appointed. This notice has to be sent within 28 days of the appointment, so creditors know who to deal with about the company’s affairs.
Notify debtor and interested parties of adjourned bankruptcy hearing
If a court postpones a bankruptcy petition hearing, you must promptly send a notice to the debtor and to anyone who had said they would appear but was not present. The notice must state the original petition date, the new hearing date and venue, and be signed and dated. This keeps all parties informed and helps avoid further delays.
Notify enforcement agents and distrainers of your insolvency application
If you make an insolvency application against a company, you must promptly tell any bailiffs, enforcement agents or other officers who are currently acting against the company’s assets, as well as anyone who has already distrained the company’s property. This ensures those parties are aware of the court action and can act in line with the new proceedings.
Notify meeting participants of excluded‑person rights and complaint procedure
If you call a meeting that can be held remotely under the insolvency rules, you must tell everyone who gets the meeting notice that an excluded person can ask for an indication, that anyone can lodge a complaint, and what the time‑limits are for doing so. This lets all attendees know their rights and how to raise issues before the meeting.
Notify office‑holder and Companies House of committee membership
If your company is in insolvency and creditors have decided to set up a committee, the director (or whoever the company has appointed as the office‑holder) must give a written notice to that office‑holder that the committee has been formed and list all its members. The notice must then be sent to Companies House or the relevant court as required. This is an administrative duty done by the company’s director during an insolvency case. Failure to send the notice does not create a criminal offence, but Companies House can take enforcement action for non‑compliance.
Notify Official Receiver before vacating as liquidator
If you are the liquidator of a company and you plan to resign or otherwise leave the role, you must inform the Official Receiver at least 21 days in advance. The notice must also set out any company assets that have not yet been realised, including what they are, their value, where they are, what you have done with them (or why you haven’t), and their current status.
Notify Official Receiver of trustee removal (and new appointment) within 3 business days
If the creditors at a bankruptcy meeting decide to sack the trustee (and possibly pick a new one), the person running that meeting must send a signed, dated certificate to the Official Receiver within three business days. The certificate must contain all the required details and, once sent, the removal takes effect.
Notify other office‑holder when making a section 176A(5) application
If you are an insolvency office‑holder (for example a liquidator, administrator or monitor) and you apply under section 176A(5), you can do so without formally serving the application on anyone else. However you must still inform any other office‑holder who is acting for the company about your application.
Notify parties of any new hearing date
If you have filed an insolvency petition and the court moves the hearing to a later date, you must promptly tell anyone who said they would attend and anyone who needs to receive a copy of the petition about the new date. This keeps all interested parties informed and avoids further delays.
Notify persons on the settled list and handle any objections
When a liquidator finishes the final list of shareholders or creditors, they must promptly send each person a notice explaining their shareholding, any unpaid amount and that they can object within 21 days. If someone objects, the liquidator must reply within 14 days telling them whether the list has been changed or why it will stay the same.
Notify relevant parties of any court‑granted extension of time
If the court gives an administrator extra time to seek approval in an insolvency case, you must promptly send a notice of that extension to every person named in the Rules and advertise it for the company’s members. The notice must include the case details and the new deadline, and members must be told how to request a copy.
Notify relevant parties of IVA revocation or suspension
If a court revokes or suspends your Individual Voluntary Arrangement, the person who applied for the order must send a sealed copy of the order to the debtor, the supervisor and, where relevant, the official receiver or trustee. They also have to notify anyone the court tells to take further action and must inform the Secretary of State within five business days. The debtor (or trustee, if the debtor is bankrupt) must promptly let anyone who could be affected know about the order and must tell the court within five days if they plan to make a new proposal.
Notify relevant parties when you vacate office as an administrative receiver
When you stop being an administrative receiver – either because the receivership has ended or you are no longer qualified – you must promptly let the appointing party, the company (or its liquidator) and the creditors’ committee know. This notification keeps all interested parties informed that the receiver is no longer acting for the company.
Notify removal of liquidator to the liquidator and Companies House
If your creditors decide to remove the appointed liquidator, the person running the removal meeting must give the liquidator a formal certificate of removal promptly. The liquidator must then inform Companies House of their removal as soon as practicable. These steps ensure the change is officially recorded.
Notify the court of any other insolvency proceedings
If you have lodged an insolvency application against a company, you must tell the court as soon as you learn of any other insolvency actions affecting that same company – whether they are in England and Wales, the EEA or elsewhere. The notice must be filed before the court makes its order.
Notify the monitor when a moratorium is extended or ends
Unlimited fineWhen your company’s insolvency moratorium is extended or comes to an end, you must tell the appointed monitor within three business days. The notice must include the company’s details, the specific provision that extended or ended the moratorium, and any extra information required if it ended because of a compromise, arrangement or the company entering an insolvency procedure.
Notify the Official Receiver of a trustee’s death
If a trustee (who is not the Official Receiver) dies, someone with a connection to that trustee – such as a surviving joint trustee, a partner or officer of the firm, or the trustee’s personal representative – must tell the Official Receiver the date of death. This notice must be given within 21 days of the death; if it isn’t, anyone can make the notification.
Notify the Official Receiver when you lose your insolvency practitioner qualification
If you are acting as a trustee in a bankruptcy and you cease to be qualified to act as an insolvency practitioner, you must promptly inform the Official Receiver. The notice has to be signed, dated and sent by you, any remaining joint trustee, or the professional body that authorised you.
Notify venue and provide documents before insolvency court hearing
If you make an application to the court under rules 18.34 or 18.35 and the court has granted permission, you must send the office‑holder a notice of the hearing venue together with a copy of the application and any evidence you intend to rely on, at least 14 days before the hearing. Unless the court orders otherwise you also have to pay the costs of the application.
Notify when bankruptcy or debt‑relief order ends
If your company is subject to a bankruptcy or debt‑relief restriction order, you must inform the Secretary of State as soon as that order stops being in force or runs its course. The Secretary needs that notice in order to delete the record from the public register, which helps prevent the restriction from continuing to affect you or your business.
Pass court order to security holder after permission is granted
If a court allows your company to sell charged property (under section A31) or hire‑purchase goods (under section A32), the court will send two sealed copies of its order to you. You must promptly give one copy to the holder of the charge or the owner of the hire‑purchase goods. This keeps the secured party informed of the sale.
Provide required copies of insolvency petition to court and interested parties
When you lodge an insolvency petition, you must give the court an extra copy for every person who is to receive it, serve a sealed copy to the company, and send copies to any liquidator, administrator, receiver, CVA supervisor or regulator involved. All these copies must be delivered within three business days of the petition being served on the company (or, if you are the company, within three days of the company receiving the sealed petition).
Publish notice when a winding‑up petition is dismissed
If you have filed a winding‑up petition and the court dismisses it, you must promptly publish a notice of the dismissal. The notice has to be placed in the Gazette or advertised as the court directs and must contain the specific details set out in the rules. If you do not do this within 21 days of the hearing, the company itself can publish the notice.
Publish required notice for creditor/contributory meetings
When you are convening a meeting of creditors or contributors in an administration, voluntary winding‑up, court winding‑up or bankruptcy, you must place a notice in the official Gazette (or an equivalent publication) that includes the meeting details, venue, purpose, proxy deadline and your identity. The notice must be published before, or as soon as reasonably practicable after, the meeting notice is sent, and you may also advertise it in other ways you choose.
Request advertisement of bankruptcy annulment
If a bankruptcy order against you (or your business) is annulled, you must put in writing to the Official Receiver within 28 days asking them to publish the annulment in the Gazette and advertise it the same way the original bankruptcy was advertised. The Official Receiver must then do this as soon as reasonably possible.
Request publication of bankruptcy annulment notice
If a bankruptcy order against you is cancelled, you must ask the Official Receiver to publish a notice of that annulment within 28 days. The notice has to be placed in the Gazette and advertised in the same way as the original bankruptcy order, showing your name, the original order date and the annulment date. This lets creditors and the public know the bankruptcy has been reversed.
Resign as trustee only on specific grounds and notify creditors
If you are a trustee (for example, an insolvency practitioner or the person appointed to manage a bankrupt estate), you can only resign if you have ill‑health, are planning to stop practising, a conflict of interest or a major change of personal circumstances, or if joint trustees agree that there should be fewer trustees. In any case you must give creditors notice, invite them to consider appointing a replacement, and send a formal resignation notice to the official receiver and the bankrupt person with a 21‑day release period. Failing to follow this procedure could mean you are not released from your duties on time and could expose you to civil liability for any breach.
Send creditors the required notice and documents for proposal consideration
If you are acting as the nominee for a debtor’s proposal (for example an IVA), you must send every creditor a notice that meets rule 15.8 and includes key details about the case, how they can suggest changes, and copies of the proposal, statement of affairs and your report. The voting period must start no sooner than 14 days and end no later than 28 days after the notice is delivered.
Send notice of consent to debtor
If you act as a nominee and agree to take on a proposal under the insolvency rules, you must promptly send the debtor a written notice confirming your consent. The notice must include the date you received the proposal. This lets the debtor know you have accepted the role and when you were contacted.
Send notice of members' meeting and ensure required officers attend
When you call a members' meeting you must send a notice at least 14 days before the meeting to every member, all directors and any officer or former officer whom you consider should be present. Anyone who receives a notice saying they must attend is legally required to be at the meeting.
Send required notice for insolvency and bankruptcy meetings
When you organise a creditors’ meeting for a moratorium, CVA, administration, voluntary winding‑up, court winding‑up, or a bankruptcy meeting, you must send a notice to every current or former officer the convener thinks must attend and to the bankrupt if they need to be there. The notice must comply with the minimum timing rules or any court‑ordered deadline.
Serve a sealed copy of the court order to HMRC and set a 28‑day compliance deadline
If you’re applying for an insolvency court order that asks HMRC to take action, you must give a sealed copy of that order to the HMRC officer named. The order itself has to give HMRC at least 28 days from the date it’s served to comply, and you’ll need to keep a record of the order and the delivery. If HMRC can’t comply, it must report back to the court and you must receive that report.
Serve a sealed copy of the insolvency application
If you lodge an insolvency application with the court, you must send a sealed copy of that application to all parties listed in the relevant table (and to the regulator if the company is regulated). The service must be done at least 14 days before the hearing unless the court orders otherwise. This ensures everyone has proper notice of the proceedings.
Serve disclaimer notice copies within 7 business days
If you are acting as the bankruptcy trustee and you have disclaimed a property that is part of a dwelling house, you must send out any copies of the disclaimer notice required by the rules within seven working days of the original notice. If the notice must be served to someone under 18, you can serve it to their parent or guardian instead.
Serve required parties with creditor's application before hearing
If you, as a creditor, apply to the court to end a company's administration, you must send a copy of your application to the administrator, the person who appointed the administrator and, where applicable, the holder of the floating charge at least five business days before the hearing. The court will also send the order to the administrator.
Serve the change‑of‑carriage order to the debtor and original petitioner
If you’re an unpaid unsecured creditor who has a notice of intent to appear at an insolvency hearing and you want to take over the petition, you can apply to the court to have your name placed on the petition. Once the court agrees, you must give a sealed copy of the order to both the debtor and the original petitioner within the time set out in the order.
State fund status in dividend notices in insolvency
If your company is in administration, winding up or bankruptcy and you tell creditors that you can’t pay a dividend, you must add a short statement to that notice. The statement should say either that no money has been raised or that any money that has been raised has already been spent on the insolvency costs.
Submit a request for a public examination to the Official Receiver
If you are a shareholder who, together with other shareholders, hold at least 75% of the company’s shares and votes and you want a public examination of a person (for example a director), you must send a written request to the Official Receiver. The request must contain detailed information about the company, your shareholding, the person to be examined, the reason for the examination and a statement that you understand a security deposit may be required. It must be signed, dated and include a list of any other shareholders supporting the request.
Submit notice of property disclaimer and copy to registries
When you act as a liquidator in a winding‑up or as a trustee in a bankruptcy and you decide to disclaimer a property, you must prepare a written notice with all the required details, sign and date it, and then send copies to the appropriate public registers (Companies House, the Chief Land Registrar and the court) as soon as reasonably practicable.
Submit required documents and give notice for an interim insolvency order
If you are applying to the court for an interim order in an insolvency case, you must file a witness statement that includes specific information, attach the proposal and nominee‑consent notice, and then send a notice of the hearing to the nominee, the debtor (or official receiver/trustee) and any creditor who has lodged a bankruptcy petition. The notice has to be served at least two business days before the hearing.
Other requirements 5
Attend and cooperate with public examination under insolvency rules
If a court orders a public examination of you or a company director in an insolvency case, you must appear, be sworn in and answer every question the court or its authorised person asks. You may hire a qualified lawyer at your own cost to help you answer and make representations. The court will record the examination and may use it as evidence in any future proceedings.
Attend court‑ordered public examination
If the official receiver orders you to appear for a public examination, you must go to the venue at the date and time set in the order. Failing to attend without a reasonable excuse can lead to you being arrested, fined or even imprisoned for contempt of court.
Attend petition hearing within 14 days (or sooner)
If your company receives a court petition, you must be ready to go to the hearing within 14 days from the date it was served. You can agree to a sooner hearing or the court may set an earlier date if it is urgent or you have fled. If you do not appear, the court can issue a default judgment against your company.
Comply with liquidator's delivery of company property request
If your company is in liquidation and the liquidator (or provisional liquidator) serves you with a requirement to deliver company assets, you must hand over those assets straight away. Failing to do so can delay the liquidation process and may lead to enforcement action.
Follow any conditions set by a court stay order
If a court stops the winding‑up of your company, it may add extra requirements to the stay order that you must follow. These conditions are meant to keep creditors informed and protect their interests, and they are legally binding – you need to comply or risk further court action.
Payments and fees 8
Calculate creditor claims without trade discounts
If your business is a creditor and you are submitting a claim in an insolvency case, you must not apply any trade or other discounts (unless it is an early‑payment discount). The claim must be for the full, undiscounted amount that would have been owed if the company were not insolvent.
Calculate liquidator/trustee fees using statutory scale when creditors do not set pay
If you are acting as a liquidator or bankruptcy trustee and the creditors have not agreed on how much you should be paid (or they fail to do so within 18 months), you must work out your fee using the statutory scale in Schedule 11. This means applying the realisation and distribution scales to the assets realised and distributed, subject to the limits set for bankruptcies.
Comply with income payments order and notify trustee
If you receive an order to pay a bankrupt person’s income, you must arrange to make those payments as soon as reasonably possible. You may deduct a permitted admin fee and must give the bankrupt a statement of any deduction. You also have to tell the trustee straight away when you are no longer required to make payments.
Pay any outstanding costs when you become a trustee of a bankrupt estate
If you are appointed as the trustee for a bankrupt business, you must hand over the estate, pay the official receiver any costs and advances that have been made, and keep a record of how the money is used. Failing to do this can put you at risk of legal action.
Pay dividend to person named in assignment notice
If a creditor or shareholder who is due a dividend tells the liquidator/administrator that they want the payment sent to someone else, the insolvency officer must send the dividend to that other person. The notice must clearly include the recipient’s name and address.
Provide security deposit and pay expenses for a requisitioned decision
If you, as a creditor, ask the court for a requisitioned decision in an insolvency case, you must pay the security deposit the convener tells you about within 14 days. If that deposit does not cover the full cost of the decision, you must pay any shortfall unless the other creditors decide to bear the expense.
Provide security for special manager appointment
If you are appointed as a special manager in a company’s winding‑up, you must give the liquidator a security guarantee equal to the estimated value of the business or assets you’ll manage. The security must be in place before your appointment starts, and you initially pay the cost but can claim it back as a winding‑up expense.
Repay excess dividend or claim additional dividend after security value changes
If you are a secured creditor and you change the value of your security after a dividend has been declared, you must act quickly. If the change means you should receive less, you must pay back any extra dividend you got. If the change means you should receive more, you can claim the extra amount before any further dividend is paid out.
Offences and prohibitions 1
Falsely claim right to inspect a document
2 years imprisonmentIf anyone pretends to be a person entitled to inspect a document in order to see it, they commit an offence. On conviction you could be sentenced to up to two years in prison, an unlimited fine, or both.
Record keeping 8
Certify appointment of bankruptcy trustee
If you act as the convener or chair at a creditors' meeting and the creditors appoint a trustee, you must obtain a written statement from the appointed person confirming they are a qualified insolvency practitioner and agree to act. Then you must issue a signed certificate containing the required details, date it, and pass it to the Official Receiver, who will forward it to the trustee. The trustee’s appointment only becomes effective on the date shown on that certificate.
Hand over assets and records to the new liquidator promptly
If you stop being the liquidator of a company because you are removed, resign or lose your qualification, you must quickly give the new liquidator the company's remaining assets (after any proper expenses and distributions), all winding‑up records and the company's documents. This ensures the liquidation can continue without delay.
Keep and retain records of insolvency decision procedures
When you chair a creditors’ or contributories’ meeting (or use the deemed‑consent process) in any insolvency case, you must produce minutes or a written record of the decision, sign it, and keep it with the other insolvency documents. The record must list who took part, what they claimed or contributed, how they voted, any elected committee members and any changes to the decision.
Keep insolvency documents online for two months after case ends
If you publish any required insolvency document on your website (for example, the result of a CVA proposal, an extension to an administration, or the result of an IVA proposal), you must keep that document accessible for at least two months after the insolvency proceeding finishes or after the last office‑holder is released. This gives creditors and other interested parties time to view the information.
Obtain committee agreement and keep records for resolutions by correspondence
If you are the office‑holder (e.g., liquidator, administrator) you must send the wording of any proposed resolution to every member of the committee (or their appointed representative) so they can state whether they agree or disagree. Members have five business days to ask for a physical meeting; otherwise the resolution passes once a majority have replied. You must then keep a copy of each resolution together with a note that the committee’s agreement was obtained.
Produce authority document at creditors or contributories meeting
If you are authorised to speak for a company at a creditors or contributories meeting (and you are not just a proxy‑holder), you must show the chair the original authority or a certified copy. The copy can be certified by two directors, a director and the secretary, or a director in the presence of a witness. The authority must have been executed properly under the Companies Act.
Retain statement of affairs and statements of concurrence
If you are appointed as an administrative receiver you must keep the verified statement of affairs and any statements of concurrence as part of the official receivership records. This means maintaining those documents for the whole period of the receivership so they are available for inspection.
Submit proof of claim and vote by the decision deadline
If your business is a creditor in an insolvency proceeding and you need to vote on a decision, you must send your vote (and a proof of your claim) to the person running the vote before the decision date. The vote will be ignored if the proof is missing or late, and the person running the vote must receive at least one valid vote for the decision to go ahead.
Registration and licensing 1
Cancel bankruptcy petition registration on the land register
If a court dismisses or withdraws a bankruptcy petition against you, you must make sure the entry showing that petition is removed from the Chief Land Registrar’s records and from the title register of any property you own. This means contacting the Land Registry and confirming the cancellation promptly after the order.
Reporting and filing 76
Apply for a certificate of discharge and notice
If your company has been issued a bankruptcy order that wasn’t made through a formal application, you must apply to the court for a certificate of discharge and then request that the notice of discharge be gazetted and advertised. The court will produce the certificate and you need to get the notice delivered to the official receiver within 28 days.
Apply for release or extension to submit statement of affairs
If your company is being wound up and you have been ordered to file a statement of affairs, you can ask the Official Receiver to release you from that duty or give you more time. You must follow a set procedure – applying to the Official Receiver, possibly to the court if refused, notifying the Receiver of the hearing venue at least 14 days before, and paying your own costs.
Apply to extend a moratorium and include required details
If your company is under a moratorium and you need more time, you must send a court application to extend it. The application must state the date it was filed and be accompanied by the supporting documents set out in the rules. The court will then endorse the application with the date and time of filing.
Apply to Secretary of State for release after trustee removal
If you are a trustee who has been removed by a creditors' decision, the removal notice must say whether the creditors want you released. When they decide you should not be released, you must send a signed application to the Secretary of State, giving details of the bankruptcy, yourself, when you stopped acting as trustee and requesting a release certificate. The Secretary of State will then issue and file the certificate and send copies to the Official Receiver and the former trustee.
Deliver administrator's revision statement to creditors, members and Companies House
If your company is in administration and the administrator wants to change the proposals, the administrator must send a detailed statement of the proposed revision to all creditors, copy it to every known member within five business days, advertise the notice and tell members how to request a copy, and file a copy with Companies House within five days of the report.
Deliver final account and required notice to creditors before dissolution
When your company is being liquidated, the liquidator must prepare the final account and send it to members and creditors together with a notice that explains the winding‑up is complete, the creditors’ rights to request information or challenge fees, how and when they can object to the liquidator’s release, and that the liquidator will vacate office unless objected. A copy of the account and a notice stating any objections must also be filed with the registrar before the company can be dissolved.
Deliver required insolvency documents to Companies House
When the Insolvency Rules or a court order require you – as a director or an appointed insolvency officer (e.g., liquidator, administrator, receiver) – to send any of the listed documents (accounts, reports, court orders, statements, etc.) to Companies House, you must do so together with the standard covering notice. One notice can cover several documents if they relate to the same insolvency proceeding.
File acknowledgement of service for bankruptcy application
If a bankruptcy or debt‑relief application is served on you, you must file a short acknowledgement within 14 days, saying whether you intend to contest the application. Not doing so means you may be barred from taking part in the hearing unless the court gives permission.
File and circulate trustee’s bankruptcy report
If you are acting as the trustee in a bankruptcy where the application is made under section 282(1)(b) (all debts and expenses have been paid or secured), you must prepare a detailed report and file it with the court at least 21 days before the hearing. You also have to send copies of the report to the applicant, the Official Receiver and, where you are not the Official Receiver, to them as well.
File and deliver the nominee's report on the proposal
When a proposal is being considered in a bankruptcy or insolvency case, the nominated insolvency practitioner must file their report with the court at least two business days before the interim order ends. They also have to give copies of the report (and related documents) to the debtor, and, depending on whether the debtor is an undischarged bankrupt, to the Official Receiver/trustees or to anyone who lodged a bankruptcy petition.
File and serve insolvency petition according to court rules
If you are filing a petition to start insolvency proceedings against a company, you must lodge the petition with the court, pay the required deposit and show the receipt, attend the court hearing, and give the company a sealed copy of the petition at least 14 days before the hearing.
File and serve witness statement if opposing winding‑up petition
If you decide to fight a winding‑up petition against your company, you must prepare a witness statement that says you are opposing the order and set out your reasons. You then have to file that statement with the court and give a copy to the petitioner (or their solicitor) at least five business days before the hearing.
File any appeal within 28 days of notice
If your business (or you personally) receives a decision from the Secretary of State or the official receiver, you must lodge an appeal under the Insolvency Act or these Rules within 28 days of the notice arriving. Failing to do so means you lose the right to challenge the decision.
File certificate of compliance before insolvency petition hearing
If you are filing an insolvency petition, you must give the court a certificate confirming that the petition has been served and notice given correctly. This must be signed, dated and include the petition date, hearing date and the dates of service, and it has to be filed at least five business days before the hearing.
File court documents under A13(2) with required content and timing
When you need to lodge a document with the court under section A13(2), you must make sure it clearly states what it is, names the proceedings, includes your company's details and is signed by the person making the statement. Any statements in that document must be made within the three‑business‑day period that ends on the filing day and must show the date they were made.
File court notice to obtain a moratorium
If you want a court‑ordered moratorium to protect your company from creditor action, you must submit a properly formatted notice of filing to the court. The notice must include specific details about the company and the moratorium request, be signed by the directors and be accompanied by the required documents. The court will then endorse the notice with the date and time of filing.
File court order and limited insolvency documents with Companies House
If a court order limits what parts of the statement of affairs, proposals or concurrence you can disclose, you must promptly send a copy of that order, together with the allowed parts of the documents, to Companies House. If the order relates to the statement of proposals, you also need to send the permitted parts and a brief explanation of why the order was made to the company's creditors and members.
File court orders and notify relevant parties after a block transfer order
If you apply for a block transfer order in an insolvency case, you must make sure a sealed copy of every order is filed with the court that has jurisdiction over each affected case. You also have to send notice of any appointment made under the order to the Secretary of State and to the creditors (or any other persons the court directs).
File evidence and serve copy when opposing a bankruptcy application
If your company (or you personally) is bankrupt or in debt and you want to contest a court application, you must lodge your supporting evidence with the court and also send a copy to the Secretary of State. You have tight time‑limits – the court filing must be done within 28 days of being served, and the copy to the Secretary of State must be sent within three business days of that filing.
File insolvency application and supporting documents correctly
If you are making a court application to appoint an administrator, you must lodge the application together with a supporting witness statement and the proposed administrator’s consent. The court will set a hearing venue, and you must also provide enough copies of the application and statement, each stamped with the court seal, date, time and venue, and have the court deliver them to you.
File insolvency application with required copies and endorsements
When you make an insolvency application you must put the filing date on it, send copies to the people listed in the rules and to the regulator (if the company is regulated), have the court seal on each copy and then give those copies back to yourself. This ensures the court and all interested parties have the correct paperwork.
File required insolvency documents with the court within 3 days
If your company is in insolvency and you need to lodge a notice of extension (or a similar statement) under sections A10(1) or A11(1), you must send the relevant document to the court within three business days. The filing must clearly state what the document is, identify the case and the company, include any required details (procedure, venue, quorum, outcome), and be signed by the person giving the notice.
File trustee’s final account with court and the Secretary of State
When a court makes an order under section 261(2) to end a bankruptcy, the trustee must promptly send a copy of the final account of the bankrupt’s estate to the Secretary of State and also lodge a copy with the court. The account must show a summary of all receipts and payments made by the trustee.
Include pre‑administration cost details in progress reports
When your insolvency administrator prepares a statement of pre‑administration costs, they must report on those costs in each progress report. If the costs are approved, the first report after approval must show the approval date and amount. If the costs are not approved, each report must say what has been done to obtain approval, unless the administrator (or another authorised practitioner) decides not to seek approval, in which case the next report must simply state that decision.
Include purpose and outcome in member reports sent by correspondence
When you send a company return or report to shareholders after asking for their input by letter, email or other written contact, you must clearly state why you asked for their view and what the result was – including any resolutions that were passed or treated as passed. This ensures members know why they were consulted and what the decision was.
Include required details in a moratorium application
If your company applies for a moratorium under sections A4 or A5, you must state the exact filing date and attach all the supporting documents listed in the rules. The court will then add its own endorsement showing the date and time the application was received. Failing to do this could mean the application is rejected.
Include required details in a statutory demand
If you are issuing a statutory demand to recover a debt, you must use the correct heading and list specific information about the company, the debt, and your contact details. The demand must also state the 21‑day payment deadline, give the company a right to apply for an injunction, and be signed (or signed by an authorised person) with a clear authorisation statement.
Include required details in notices of decision results
When you send a notice about the outcome of a decision procedure, deemed‑consent procedure or meeting (for example in an insolvency case), the notice must contain five specific pieces of information: the purpose, a description of the procedure, the venue (if it was a decision or meeting), whether a quorum was met (for meetings) and the actual outcome or decisions made. Make sure every such notice includes all of these items.
Include required details when presenting a petition as an insolvency office‑holder
If you are an insolvency practitioner (for example, an administrator) presenting a petition to the court, you must clearly state that the petition is on behalf of the company and provide specific information – your identification, the court name, case number, the date the insolvency began, and, if you are an administrator, a request to end your appointment. Omitting any of these details can cause the petition to be rejected.
Include required information in a bankruptcy petition
If you are applying to the court for a bankruptcy order, the petition you submit must contain a set list of details about the debtor – name, addresses, occupation, business name and address, any other names or past businesses, and the amount of loss claimed. It must also include the statements that you are requesting a bankruptcy order and, where relevant, details of any existing criminal bankruptcy order and the persons affected. Failing to include any of these items means the petition may be rejected.
Include required information in all decision reports
Unlimited fineWhenever you submit a return or a report about a decision, a deemed‑consent procedure or a meeting (for example during an insolvency process), the filing must contain six specific details – the purpose, a description of the procedure, the venue, whether the quorum was met, the outcome and the date of any decision or resolution. If any of these items are missing the filing is incomplete and you could be liable for a penalty.
Include valuation details in winding‑up accounts
If your company is being voluntarily wound up and you have used a section 110 arrangement that resulted in a distribution to members, the liquidator must show the estimated value of any property transferred, received or distributed in the required accounts and explain how those values were worked out. This information has to appear in the yearly progress report and the final account before the company is dissolved.
Keep accounts and give 12‑month reports to debtor and creditors
If you are the supervisor of an Individual Voluntary Arrangement (IVA), you must keep detailed books of every receipt and payment and preserve any accounts kept by earlier supervisors. Once the IVA is approved you must prepare a report covering each 12‑month period and give it to the debtor and the creditors within two months of the period’s end. The report must include a summary of all money received and paid, or say that none exists.
Notify creditors and file report after CVA ends or is fully implemented
When a Company Voluntary Arrangement (CVA) is either fully carried out or terminated, the supervisor must, within 28 days, send a notice to all creditors and members that explains what happened, includes a detailed report of the CVA’s receipts and payments, any changes to the original terms and, if it ended, why. The supervisor must also send a copy of that notice and report to Companies House and file it with the court, and cannot leave the office until this is done.
Notify Official Receiver of liquidator removal
If you are the person chairing a creditors' meeting that decides to remove the liquidator (and you are not the Official Receiver), you must send a certificate confirming the removal to the Official Receiver within three business days. If a new liquidator is appointed, you also need to send the new appointment certificate at the same time.
Obtain medical witness statement for insolvency application
If you are making an insolvency application under rule 12.24(3) – for example, a director or creditor applying to wind‑up a company on the grounds that a person is incapacitated – you must include a statement from a registered medical doctor confirming that person's mental or physical condition. The statement must be attached to the application when you file it.
Prepare a complete CVA proposal with required details and signature
If you want to put forward a Company Voluntary Arrangement, you must produce a written proposal that includes the company’s identification details, an explanation of why the CVA is desirable, why you expect creditors to agree, and it must be signed and dated by you. Any changes to the proposal can only be made in writing with the nominee’s agreement, and only if the nominee is not the liquidator or administrator and has not yet filed a report.
Prepare a detailed statement of pre‑administration costs
If your company goes into administration, the appointed administrator must produce a statement showing any costs incurred before the administration started. The statement must break down fees, expenses, who paid them and why the work was done, and show what has been paid and what remains unpaid.
Prepare and deliver a statement of affairs in a winding‑up
If your company is being wound up, you (as a director or the person nominated by the directors) must compile a detailed statement of affairs showing who owns the shares, what assets and liabilities the company has, and who the creditors are. The statement must be signed with a statement of truth and sent to the Official Receiver, who will then pass it to Companies House. This has to be done as soon as possible after the winding‑up order (or the date the Official Receiver tells you to use).
Prepare and file report of creditors' consideration and give notice
When a proposal is considered by your creditors in an insolvency case, you must produce a report showing whether it was approved, how each creditor voted and any other required details. The report has to be filed with the court (if an interim order was obtained) and then you must notify all creditors and any other interested parties of the result within the specified time‑frames.
Prepare and file required insolvency documents correctly and on time
If your company is involved in insolvency proceedings you must make sure any document you submit to the court clearly states what it is, identifies the proceedings, includes your company’s details and is signed or otherwise authenticated. You also have to submit the statement within five business days before the court application is filed and show the date it was made.
Prepare and sign an IVA proposal with required details
If you want to offer an Individual Voluntary Arrangement (IVA) to your creditors, you must put together a written proposal that names you, explains why an IVA is the best solution, and convinces creditors they should agree. You must sign and date the proposal, and any changes can only be made with your nominee’s written consent before the nominee’s report is filed.
Prepare and submit list of appearances for insolvency petition
If you are the person filing a winding‑up petition, you must put together a list of every creditor or contributory who has said they will attend the hearing. The list must show dates, names, addresses, amounts claimed or shares held, any solicitor details and whether they support or oppose the petition. You then have to give a copy of this list to the court before the hearing starts.
Prepare and verify statement of affairs for insolvency proposal
If you are proposing a company voluntary arrangement or other insolvency plan, you must prepare a detailed statement of the company's affairs showing assets, creditors, connected parties and other required information. The statement must be up‑to‑date (no earlier than two weeks before the proposal, unless an earlier date is approved) and signed with a statement of truth.
Prepare quarterly accounts for special manager and obtain liquidator approval
If you are appointed as the special manager in an insolvency, you must draw up accounts showing all money you receive and spend every three months (or more often if your appointment ends) and get them approved by the liquidator. Once approved, these figures are added to the liquidator’s own accounts.
Provide a witness statement with every s176A(5) application
If you are a liquidator, administrator or receiver and you want the court to disapply section 176A, you must attach a witness statement to the application. The statement must set out the type of insolvency proceeding, a brief financial summary, why paying unsecured creditors would be disproportionate, and details of any other office‑holder involved. This ensures the court has all the information it needs to decide the application.
Provide company accounts to liquidator on request
If your company is being wound up and a liquidator asks for accounts, you must hand over the financial statements for the period they need – which can go back up to three years – within 21 days of their request. The liquidator may also ask you to confirm the accounts with a statement of truth.
Provide consent and qualification documents when proposing an alternative supervisor
If you are a member or creditor and you want someone other than the nominated supervisor to run the insolvency proposal, you must send that person's written consent to act and proof they are a qualified insolvency practitioner to the nominee by the deadline set in the notice. If you move a resolution at a meeting, you must also show those documents to the chair before the meeting starts.
Provide detailed debt information when filing an insolvency petition
If you decide to bring a company into court because it owes you money, you must include every detail of that debt in the petition. This means listing the amount, when it was due, any interest or other charges, whether it is unsecured, and if it is payable immediately or in the future. If a statutory demand was served, you also need to show it hasn’t been complied with or set aside.
Provide detailed time‑spending statement on IVA work
If you have acted as a nominee or supervisor on an Individual Voluntary Arrangement (IVA) in the last two years and your fee is based on the hours you spent, you must, within 28 days of a request from the debtor or a creditor bound by the IVA, give them a free statement showing how many hours you and your staff worked and the rates charged.
Provide full asset and financial details in a bankruptcy application
Unlimited fineIf you apply for personal bankruptcy, you must give the Official Receiver a complete record of any assets you sold, gave away or transferred in the past five years, any recent insolvency arrangements, the lawyers or accountants you have used, and all details of your self‑employed business, assets, liabilities and income. The information has to be supplied together with your bankruptcy petition.
Provide full debtor details in insolvency petition
If you are filing an insolvency petition, you must put in the petition every piece of information you know about the debtor – their name, occupation, any trading names, what business they run and where, any other names they have used since the debt arose, and whether their main centre of interest is in the UK or elsewhere. This gives the court accurate details to start the proceedings.
Provide hard‑copy option and deliver requested copies promptly
If you send any insolvency‑related document by email or another electronic method, you must tell the recipient how they can ask for a paper version and give them a phone, email and postal address to do so. If they do ask, you must send the paper copy free of charge within five business days.
Provide indication of meeting events to excluded persons promptly
If someone claims they were excluded from an insolvency meeting, they can ask for a summary of what happened. The meeting chair or convener must give that summary as soon as reasonably possible and no later than 4 pm on the next business day after the request.
Provide requested accounts to the official receiver
If you are declared bankrupt, the official receiver can ask you to supply accounts covering a specific period (up to three years before the bankruptcy filing). You must give these accounts, possibly with a signed statement of truth, within 21 days unless a longer time is granted.
Provide requested information to the adjudicator during bankruptcy
If your company has applied for bankruptcy, an adjudicator will review the case. During that review period you must give any extra information the adjudicator asks for – written or spoken – to help decide whether a bankruptcy order should be made.
Provide required details and authenticate court applications for insolvency matters
If you need to make an application to the court under the insolvency rules (apart from administration orders, winding‑up or bankruptcy petitions), you must include a set list of information – the law you’re relying on, the parties, the insolvent company or person, the court details, the remedy you want, service addresses and your own address for service – and the application must be signed by you or your solicitor.
Provide required information to the Official Receiver
If your company is being wound up by the court, the appointed liquidator must send the Official Receiver a copy of the winding‑up proposal and, if a nominee is used, the nominee’s name and address. This ensures the Official Receiver has the details needed to manage the liquidation.
Provide required statements and information when applying for personal bankruptcy
If you decide to apply for personal bankruptcy, you must include a series of statements in your application confirming you cannot pay your debts, that you have no other pending bankruptcy petitions, disclose any existing bankruptcy orders, say whether you have taken debt advice, consent to verification checks, supply the information set out in Schedules 7 and 8, confirm the information is up‑to‑date and that the prescribed fee has been paid, and sign the form. All of this must be done at the time you submit the bankruptcy application.
Provide statement of scheme manager’s creditor obligations for voting
If your business is acting as the scheme manager for an authorised deposit‑taker that is being wound up, you must give a written statement (instead of a proof) showing which creditors you owe money to, how much you owe each, and the total amount. This statement is used for voting at the winding‑up meeting.
Provide written confirmation you will not request extra info during liquidation
If your company is being liquidated, you’re required as a member to write to the liquidator and say you do not intend to ask for more information or for the liquidator’s fees to be reviewed. This lets the liquidator finish winding up the company sooner if everyone agrees. It’s a short, one‑off step that must be completed once you receive the notice.
Publish a notice for unsecured creditors to access the adult receiver's report
If your company becomes an administrative receiver (or you are the appointed receiver), you must write a notice giving unsecured creditors a clear address where they can request copies of the receiver's report. The notice has to be publicly posted (gazetted), can also be advertised in any way the receiver chooses, and must be backed up with a separate notice under rule 4.15.
Publish notice of administrative receiver appointment
If a company goes into administration, the person you appoint as an administrative receiver must tell the company and its creditors in writing. The same information must then be publicly published (usually in the Gazette). This keeps all parties informed that the receiver is now in control and explains the scope of their powers.
Report material transactions to creditors during liquidation nomination
If the statement of affairs you send to creditors does not show the company’s position at the date when they choose a liquidator, you as a director must tell those creditors about any important transactions that happen between the statement and that decision date. The report must be given at the creditors’ meeting or as soon as reasonably practicable under a deemed‑consent process, recorded in the decision minutes and, if needed, used to extend the decision date.
Report special manager's security failures to the court
If the special manager appointed in an insolvency case does not provide the required security on time, or does not keep that security up, your liquidator must inform the court. The court can then remove the special manager or discharge their appointment.
Request public examination of a bankrupt debtor
If you are a creditor and want the court to order a public examination of a bankrupt, you must send a notice to the Official Receiver. The notice must include a list of any other creditors who support the request (unless your claim is at least half of all claims), their written confirmations, and the reasons for the request. You must sign and date the notice and, if the Official Receiver asks, provide a security deposit before they can apply.
Send creditors a notice with financial estimate within 28 days of conversion
If your company's members' voluntary winding‑up is turned into a creditors' voluntary winding‑up, you (the liquidator) must tell all creditors and contributories about the change within 28 days. The notice must include the conversion date, details of the decision process, an estimate of the company’s assets and the ‘prescribed part’, and a copy of the statement of affairs (unless already sent).
Send Secretary of State direction or court order to Companies House
If your company applies for early dissolution or a postponement of dissolution and the Secretary of State issues a direction, you must forward a copy of that direction to the registrar of companies. Likewise, if you appeal that decision and win, you must send a copy of the court’s order to the registrar. This ensures the official record of your company’s dissolution status is kept up‑to‑date.
Serve costs application on the appropriate insolvency office‑holder
If you later apply to the court for an order to recover your legal costs from an insolvency proceeding, you must send a sealed copy of that application to the relevant office‑holder (the official receiver or the company in a moratorium, depending on the type of case). The court will only allow the costs if it is satisfied the application could not have been made at the time of the original proceedings.
State predecessor's resignation or removal in trustee appointment notice
If you are appointed as a new trustee after the previous trustee has resigned or been removed, you must clearly state that fact in your formal notice of appointment. You also need to note if the former trustee has been given a release, where that applies. This ensures the court and other parties are aware of the change in trusteeship.
Submit a creditors list when applying for capital return
If your company goes into liquidation, the liquidator will apply to the court for an order that allows the company to return capital to creditors. The liquidator must produce a detailed list of who will receive money and how much, and attach it to the court application. Once the court issues the order, it will send a sealed copy back to the liquidator. This is a duty for the liquidator, not for the company’s directors or employees.
Submit a formal request for a public examination to the Official Receiver
If you are a creditor and want a court‑ordered public examination of a company’s affairs, you must send a signed, dated request to the Official Receiver. The request must contain specific details about the company, yourself, the person to be examined, the amount you’re owed, proof that the request represents at least half of the company’s debts, and a list of any other creditors who agree to support it.
Submit a proper proof of claim in insolvency proceedings
If your business or you personally are a creditor of a company or an individual that has entered insolvency, you must file a written proof of claim. The claim must include all the details listed in the rules and be signed and dated. You may also have to provide supporting documents if the insolvency office asks for them.
Submit a request to revoke a debt relief order if conditions are not met
If you are a creditor and think a debt relief order (DRO) that has been issued should no longer stand, you must formally ask the official receiver to revoke it. You need to send the official receiver details about yourself, the debtor, the order reference, which conditions no longer apply, and evidence to support your claim. The receiver will notify you of their decision within 14 days.
Submit a special manager report and court order when appointing a special manager
If the liquidator of your company decides to appoint a special manager under the Insolvency Rules, they must produce a report that explains why the appointment is needed and estimates the value of the business or property involved. The court order that appoints the manager also has to contain a set of required details. So, if you become a liquidator, you need to meet these reporting and documentation requirements.
Submit proof of debt to the liquidator/administrator
If a company you are owed money by enters compulsory winding up or administration, you must send a written proof of your debt to the appointed liquidator or administrator (the “office‑holder”). The only time you don’t have to do this is in a members’ voluntary winding up unless the liquidator asks you to.
Penalties for non-compliance
5 penalties under this legislation. 1 can result in imprisonment. 5 carry an unlimited fine.
Falsely claim right to inspect a document
Unlimited fine and/or 2 years imprisonment
Notify Companies House when you stop being a qualified administrator
Unlimited fine
Notify the monitor when a moratorium is extended or ends
Unlimited fine
Include required information in all decision reports
Unlimited fine
Provide full asset and financial details in a bankruptcy application
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
435 classified provisions from this legislation.
Duties 241
- s.7 Review
- Schedule 8 Additional information to be provided in the bankruptcy application asset belonging
- Accounting Accounting
- Action following application for a block transfer Action following application for a block transfer order directions which are considered
- Action to follow making of an interim order Action to follow making of an interim order other person
- Action to follow making of order Action to follow making of order
- Adjournment of meeting in, or for the purposes of, Adjournment of meeting in, or for the purposes of, a moratorium under Part A1 of the Act
- Adjournment of meetings to remove a liquidator or Adjournment of meetings to remove a liquidator or trustee the chair
- Adjournment of the hearing Adjournment of the hearing
- Administrator's proposals: revision Administrator's proposals: revision
- Administrator's proposals: statement of pre-admini Administrator's proposals: statement of pre-administration costs
- Admission or rejection of proofs following last da Admission or rejection of proofs following last date for proving
- Advertisement of order Advertisement of order The official receiver
- Advertising administrator's proposals and notices Advertising administrator's proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1)
- Allowing inspection of proofs Allowing inspection of proofs
- Appeals against decisions of the Secretary of Stat Appeals against decisions of the Secretary of State or official receiver
- Application by bankrupt for discharge Application by bankrupt for discharge
- Application by former liquidator to the Secretary Application by former liquidator to the Secretary of State for release (section 173(2)(b))
- Application by liquidator for release (section 174 Application by liquidator for release (section 174(4)(b) or (d)) is applying
- Application for a bankruptcy or debt relief restri Application for a bankruptcy or debt relief restrictions order
- ... and 221 more duties
Offences and penalties 2
Powers 46
- Additional disclosure for assistance of nominee Additional disclosure for assistance of nominee
- Additional notices of disclaimer Additional notices of disclaimer
- Adjournment of the hearing of an application Adjournment of the hearing of an application
- Admission and rejection of proofs for dividend Admission and rejection of proofs for dividend
- Appeal against decision on proof Appeal against decision on proof
- Application for a block transfer order Application for a block transfer order
- Application for permission to disclaim in bankrupt Application for permission to disclaim in bankruptcy (section 315(4))
- Application to annul a bankruptcy restrictions or Application to annul a bankruptcy restrictions or a debt relief restrictions undertaking
- Application to court for permission to make a call Application to court for permission to make a call (sections 150 and 160)
- Application to court for variation of the list Application to court for variation of the list
- Application to the court by the liquidator Application to the court by the liquidator
- Challenges to monitor remuneration in subsequent i Challenges to monitor remuneration in subsequent insolvency proceedings
- Confidentiality of documents: grounds for refusing Confidentiality of documents: grounds for refusing inspection
- Consequential transfer of other proceedings Consequential transfer of other proceedings
- Death of debtor before service Death of debtor before service
- Delegation to liquidator of power to settle list o Delegation to liquidator of power to settle list of contributories
- Directions Directions
- Disqualification from dividend Disqualification from dividend
- Expenses of examination Expenses of examination
- Expenses of preparing accounts Expenses of preparing accounts
- ... and 26 more powers
Definitions 26
- Application and interpretation Application and interpretation
- Application for permission under the Company Direc Application for permission under the Company Directors Disqualification Act 1986
- Application of Chapter 2 Application of Chapter 2
- Application of Part 6 Application of Part 6
- Application of this Chapter Application of this Chapter
- Application of this Part and interpretation Application of this Part and interpretation
- Application of this sub-division and interpretatio Application of this sub-division and interpretation
- Cost of liquidator's security (section 390(3)) Cost of liquidator's security (section 390(3))
- Cost of the trustee's security (section 390(3)) Cost of the trustee's security (section 390(3))
- Debtor's family Debtor's family
- Electronic delivery of documents Electronic delivery of documents
- Excluded debts Excluded debts loan
- Existing trustee's expenses Existing trustee's expenses
- Interpretation Interpretation
- Official receiver's expenses Official receiver's expenses
- Postal delivery of documents Postal delivery of documents post-mark
- Proof of delivery of documents Proof of delivery of documents
- Proposed administrator's statement and consent to Proposed administrator's statement and consent to act
- References to the Secretary of State References to the Secretary of State
- Remuneration of a liquidator or trustee who realis Remuneration of a liquidator or trustee who realises assets on behalf of a secured creditor
- ... and 6 more definitions
Exemptions 42
- Schedule 2 Transitional and savings provisions
- Schedule 5 Calculation of time periods
- Administration application (paragraph 12 of Schedu Administration application (paragraph 12 of Schedule B1)
- Administrator's proposals: additional content Administrator's proposals: additional content
- Appeals against decisions under this Chapter Appeals against decisions under this Chapter
- Confirmation of creditors' voluntary winding up: a Confirmation of creditors' voluntary winding up: application
- Contents of bankruptcy order Contents of bankruptcy order
- Creditors' voting rights Creditors' voting rights
- Debts in foreign currency Debts in foreign currency
- Decisions on remuneration and conduct Decisions on remuneration and conduct
- Delivery of application Delivery of application
- Expenses of members etc. Expenses of members etc.
- First exception: administrator has made a statemen First exception: administrator has made a statement under paragraph 52(1)(b) of Schedule B1
- General use of website to deliver documents General use of website to deliver documents
- Nominee's report (section 256A) Nominee's report (section 256A)
- Notice given by monitor where moratorium comes int Notice given by monitor where moratorium comes into force: standard contents and requirements
- Notice of appointment Notice of appointment
- Notice of appointment after notice of intention to Notice of appointment after notice of intention to appoint
- Notice to be given by monitor of replacement of mo Notice to be given by monitor of replacement of monitor or appointment of additional monitor (section A39(8))
- Order for winding up by the court of a company in 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
- ... and 22 more exemptions
Official guidance
Authoritative sources from regulators explaining this legislation.
- Capital distributions on dissolution (HMRC) Detailed Guidance
- Accountant in Bankruptcy (aib.gov.uk) Detailed Guidance