UK Statutory Instrument 2016 England and Wales

Insolvency (England and Wales) Rules 2016

View on legislation.gov.uk Ask Guv about this Act

At a glance

Enforced by

Companies House, Insolvency Service

What's here

487 compliance obligations, 2 practical guides across 2 topics · 3 journeys

Penalty landscape

5 of 487 obligations carry an unlimited fine. 482 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

Director or Officer 161
Any Person 101
Trader 62
Applicant 46
Trustee 21
Employer 1
Responsible Person 1

Plus 94 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Explore business rescue and insolvency options

4 steps

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Supporting — topic alignment

1 guides

Close a solvent company using Members' Voluntary Liquidation

Mentioned in related content

1 guides

Company rescue and insolvency options

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Directors and Officers also bound by 425 other Acts (top 5 shown)

Companies Act 2006 2006 108 duties
Insolvency Act 1986 1986 72 duties
The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
The Housing Administration (England and Wales) Rules 2018 2018 26 duties
Building Societies Act 1986 1986 26 duties

Any Person also bound by 2338 other Acts (top 5 shown)

Human Medicines Regulations 2012 2012 169 duties
Merchant Shipping Act 1995 1995 144 duties
Road Traffic Act 1988 1988 95 duties
Air Navigation Order 2016 2016 95 duties
Communications Act 2003 2003 89 duties

Traders also bound by 826 other Acts (top 5 shown)

Value Added Tax Regulations 1995 1995 413 duties
Companies Act 2006 2006 243 duties
The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 114 duties
Building Societies Act 1986 1986 56 duties
Consumer Credit Act 1974 1974 50 duties

Applicants also bound by 294 other Acts (top 5 shown)

Human Medicines Regulations 2012 2012 30 duties
The Land Registration Rules 2003 2003 25 duties
Value Added Tax Regulations 1995 1995 18 duties
Space Industry Regulations 2021 2021 14 duties
Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 2017 10 duties

Trustees also bound by 100 other Acts (top 5 shown)

The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2022 2022 37 duties
Charities Act 2011 2011 26 duties
The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 2013 26 duties
The Pensions (Northern Ireland) Order 2005 2005 20 duties
Charities Act (Northern Ireland) 2008 2008 20 duties

Employers also bound by 694 other Acts (top 5 shown)

The Income Tax (Pay As You Earn) Regulations 2003 2003 236 duties
Provision and Use of Work Equipment Regulations 1998 1998 120 duties
TULRCA 1992 1992 72 duties
Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 52 duties
Income Tax (Earnings and Pensions) Act 2003 2003 50 duties

Responsible Persons also bound by 104 other Acts (top 5 shown)

MH(CT)(S)A 2003 2003 45 duties
Climate Change Levy (General) Regulations 2001 2001 24 duties
The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 1995 21 duties
Offshore Installations (Offshore Safety Directive) (Safety Case ) Regulations 2015 2015 21 duties
The Offshore Installations (Safety Case) Regulations 2005 2005 19 duties

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS

s.rule 1.17

Non-Gazette notices relating to a bankruptcy

Provide full bankrupt details in non-Gazette bankruptcy notices Any Person
Include specific details in bankruptcy notices Any Person

s.rule 1.20

Registrar of companies: covering notices

Send a covering notice with documents to Companies House Director or Officer
Deliver a covering notice with insolvency docs to Companies House Director or Officer

s.rule 1.25

Standard contents of returns or reports of decisions

Unlimited fine

Include standard content in insolvency decision reports Director or Officer
Include standard contents in returns or reports of decisions Director or Officer

s.rule 1.28

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

Include standard content in insolvency notices to third parties Any Person

s.rule 1.29

Standard contents of all notices

Include standard contents in all insolvency notices Any Person

s.rule 1.31

Standard contents of notices relating to documents

Include mandatory information in insolvency document notices Director or Officer
Include document details in notices relating to documents Any Person

s.rule 1.33

Standard contents of notices of the results of decisions

Include standard information in decision result notices Any Person
Include standard content in notices of insolvency decision results Any Person

s.rule 1.34

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

Include purpose and outcome in company correspondence reports Trader
Include purpose and outcome in returns or reports of members' correspondence decisions Trader

s.rule 1.35

Standard contents and authentication of applications to the court under Part A1 to 11 of the Act

Include required contents and authenticate court applications in insolvency proceedings Applicant
Include standard content in insolvency court applications Applicant

s.rule 1.40

Delivery of documents to authorised recipients

Deliver documents to an authorised representative Any Person
Deliver documents to someone authorised in writing to accept them Any Person

s.rule 1.48

Electronic delivery by office-holders

Include hard copy request details in electronic documents and provide hard copies on request Director or Officer
Include request details for hard copies when sending documents electronically Director or Officer

s.rule 1.51

Retention period for documents made available on websites

Keep insolvency documents on your website for the required period Director or Officer
Keep insolvency documents on your website until two months after proceedings end Director or Officer

Browse 55 other sections in this Part — procedural / definitional / commencement

s.variations from prescribed contents

Variations from prescribed contents

Part 1A — MORATORIUMS

s.rule 1a.15

Documents filed with the court under sections A10(1) or A11(1) of the Act: contents and requirements

File properly formatted documents when extending a company moratorium Any Person
Ensure court filings for company moratoria meet specific requirements Any Person

s.rule 1a.18

Extending a moratorium by application to the court (section A13)

You must correctly file court application to extend a moratorium Applicant
Apply to the court to extend a moratorium Director or Officer

s.rule 1a.19

Documents filed with the court under section A13(2): contents and requirements

Ensure court documents under moratorium extension have correct content and timeliness Trader
Ensure moratorium documents meet specific filing requirements Any Person

s.rule 1a.20

Notification by directors to the monitor under section A17(1) of the Act: contents and requirements

Unlimited fine

Notify the monitor if a moratorium is extended or ends Director or Officer
Notify the monitor of moratorium extension or end within 3 business days Director or Officer

s.rule 1a.24

Debts that are to be disregarded for the purposes of section A38(1)(d) of the Act

Monitor must disregard certain debts when deciding to end a moratorium Any Person

s.rule 1a.29

Procedure for filing of application

File insolvency application at court with required copies and date Applicant
File and seal applications for court-based insolvency procedures Applicant

s.rule 1a.3

Obtaining a moratorium by filing documents at court (section A3): notice of filing

File a notice of filing with the court when seeking a moratorium Director or Officer
File a notice of filing to obtain a company moratorium Director or Officer

s.rule 1a.30

Service of the application

Serve court application papers on specific parties at least 14 days before hearing Applicant
Serve insolvency application documents on relevant parties Applicant

s.rule 1a.31

Notice of opposition

File and deliver a notice of opposition before an insolvency hearing Any Person
File notice of opposition to a moratorium application Any Person

s.rule 1a.32

Notice where the court grants permission under section A31 or A32

Company must send court order copy to secured creditor or hire-purchase owner Trader
Deliver court order to security holders after property disposal permission Trader

s.rule 1a.8

Moratorium application (sections A4 and A5)

Ensure moratorium application is dated and complete Director or Officer
File a complete moratorium application with the court Applicant

s.rule 1a.9

The relevant documents: contents and requirements (section A6)

Ensure relevant documents meet content and timing requirements for court application Any Person
Ensure insolvency documents meet specific content and timing requirements Any Person

Notice to be given by monitor of replacement of monitor or appointment of additional monitor (section A39(8))

Part 2 — COMPANY VOLUNTARY ARRANGEMENTS (CVA)

s.rule 2.10

Replacement of nominee (section 2(4))

Notify nominee before applying to court for their replacement Any Person
Notify the nominee or proposer before applying to replace them Any Person

s.rule 2.2

Proposal for a CVA: general principles and amendment

Include mandatory content and authentication in a CVA proposal Director or Officer
Prepare and authenticate a formal CVA proposal Director or Officer

s.rule 2.30

Notice of members' meeting and attendance of officers

Summon members and officers to meetings for insolvency proceedings Director or Officer
Directors and officers must attend CVA members' meeting if requested Any Person

s.rule 2.31

Requisition of physical meeting by creditors

Organise and notify creditors of a physical meeting within strict timelines Director or Officer
Hold physical meeting within 14 days of creditor requisition and give 7 days notice Any Person

s.rule 2.33

Proposal for alternative supervisor

Provide credentials for an alternative CVA or IVA supervisor Trader
Support an alternative CVA supervisor with consent and qualification proof Trader

s.rule 2.40

Revocation or suspension of CVA

Notify creditors and court if your CVA is revoked or suspended Director or Officer
Notify stakeholders if a CVA is cancelled or suspended by the court Director or Officer

s.rule 2.44

Termination or full implementation of CVA

Notify creditors and authorities of CVA termination or full implementation Any Person
Supervisor must notify stakeholders on CVA completion or termination Any Person

s.rule 2.5

Information for the official receiver

Provide proposal and nominee details to official receiver Director or Officer
Liquidator must provide proposal details to the official receiver Director or Officer

s.rule 2.6

Statement of affairs (section 2(3))

Prepare and submit a statement of affairs for a Company Voluntary Arrangement proposal Director or Officer
Prepare and verify a comprehensive Statement of Affairs for insolvency Director or Officer

Browse 43 other sections in this Part — procedural / definitional / commencement

s.timing of decisions on proposal

Timing of decisions on proposal

Part 3 — ADMINISTRATION

s.003

Notice of appointment without prior notice of intention to appoint

File a correct notice of administrator appointment without prior notice Director or Officer

s.003

Pre-administration costs

Call creditors’ meeting or seek decision on pre‑administration costs within 28 days of request Director or Officer

s.003

Notice of automatic end of administration (paragraph 76 of Schedule B1)

File notice and final report when administration ends automatically Director or Officer

s.rule 3.10

Notice of other insolvency proceedings

Notify the court of other insolvency proceedings during an application Applicant
Notify the court of other insolvency proceedings worldwide Applicant

s.rule 3.15

Notice of administration order

Pass the administration order to the appointed administrator Applicant

Other duties (1) — Crown / regulator

Court must deliver sealed administration order copies Crown / Minister / Government department

s.rule 3.36

Administrator's proposals: statement of pre-administration costs

Include detailed pre-administration costs in the administrator's proposals Director or Officer
Include detailed statement of pre-administration costs in your proposals Director or Officer

s.rule 3.37

Advertising administrator's proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1)

Advertise administration proposals and notify stakeholders of extensions Director or Officer
Advertise administrator's proposals or notify extension to creditors and Companies House Director or Officer

s.rule 3.40

Notice of extension of time to seek approval

Notify creditors and members of an administration extension Director or Officer
Notify creditors and members of court-ordered extension to seek approval Director or Officer

s.rule 3.42

Administrator's proposals: revision

Notify creditors and members of proposed revision to administration proposals Director or Officer
Deliver and file revised administration proposals Director or Officer

s.rule 3.45

Orders limiting disclosure of statement of affairs etc.

Deliver court order and limited documents to Companies House and creditors Director or Officer
Apply for a court order to limit disclosure of confidential company info Director or Officer

s.rule 3.54

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

Notify creditors and Companies House when extending an administration Director or Officer
Notify creditors of extension reasons and results Director or Officer

s.rule 3.58

Creditor's application for order ending administration (paragraph 81 of Schedule B1)

Deliver copies of an application to end administration to key parties Trader
Deliver copy of application to administrator and others before hearing Trader

s.rule 3.63

Notice of intention to resign

Give notice before resigning as administrator Director or Officer
Give notice of intention to resign as an administrator Director or Officer

s.rule 3.66

Notice of vacation of office when administrator ceases to be qualified to act

Unlimited fine

Notify Companies House if an administrator is no longer qualified Director or Officer
Tell Companies House if you cease to be a qualified insolvency practitioner Director or Officer

s.rule 3.68

Application to replace

Follow correct procedure when applying to replace an administrator Applicant
Submit necessary documents when applying to replace an administrator Any Person

s.rule 3.69

Appointment of replacement or additional administrator

Deliver notice of replacement or additional administrator appointment to Companies House Director or Officer
Notify the registrar and court when appointing a replacement administrator Director or Officer

s.rule 3.7

Filing of application

File administration application with court documents and copies Applicant
File administration application and supporting documents with the court Applicant

s.rule 3.9

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

Notify enforcement agents of administration application Applicant

Browse 68 other sections in this Part — procedural / definitional / commencement

Part 4 — RECEIVERSHIP

s.004

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

Administrative receiver must consider requests for release or extension of time for statement of affairs Director or Officer

s.004

Statement of affairs: expenses

Administrative receiver must pay expenses of those preparing insolvency statements Director or Officer

s.004

Administrative receiver's report to the registrar of companies and secured creditors (section 48(1))

File administrative receiver's report and supporting documents with Companies House Director or Officer

s.004

Invitation to creditors to form a creditors' committee

Invite creditors to form a creditors' committee Director or Officer

s.004

Disposal of charged property (section 43(1))

Notify security holder of court hearing and deliver order for disposal of charged property Director or Officer

s.004

(1) A requirement under section 47(1) for a nominated person...

Submit statement of company affairs when served with notice from administrative receiver Director or Officer

s.rule 4.14

Copy of report for unsecured creditors (section 48(2))

Publish and provide contact details for insolvency report requests Director or Officer
Publish Gazette notice for unsecured creditors requesting administrative receiver's report Director or Officer

s.rule 4.18

Resignation

Give at least five business days' notice before resigning as administrative receiver Director or Officer
Notify relevant parties of intent to resign as administrative receiver Director or Officer

s.rule 4.20

Other vacation of office

Notify relevant parties when vacating office as an administrative receiver Director or Officer

s.rule 4.23

Report to creditors

Deliver an appointment notice and financial report to creditors Director or Officer
Receiver must report to creditors within three months of appointment Director or Officer

s.rule 4.5

Publication of appointment of administrative receiver (section 46(1))

Provide specific details when notifying of an administrative receiver's appointment Director or Officer
Send appointment notice to company and creditors when appointed as administrative receiver Director or Officer

s.rule 4.9

Statement of affairs: retention by administrative receiver

Administrative receivers must keep verified statements of affairs and concurrence Director or Officer
Keep a permanent record of the statement of affairs and concurrence Director or Officer

s.statement of affairs: statement of concurrence

Statement of affairs: statement of concurrence

Deliver statement of concurrence during insolvency proceedings Responsible Person

Browse 17 other sections in this Part — procedural / definitional / commencement

s.paragraph/wrapper7

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

Part 5 — MEMBERS' VOLUNTARY WINDING UP

s.005

Accounting

Produce accounts every three months as special manager Any Person

s.005

Meetings in members' voluntary winding up of authorised deposit-takers

Directors must notify FCA and scheme manager of winding-up meeting Director or Officer

s.rule 5.11

Deceased liquidator

Notify authorities if a company liquidator dies Director or Officer
Notify the company and Companies House when a liquidator dies Director or Officer

s.rule 5.13

Liquidator's duties on vacating office

Transfer company assets and records to a successor liquidator Director or Officer
Hand over assets and records when leaving office as liquidator Director or Officer

s.rule 5.14

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

Apply to the Secretary of State for release as a former liquidator Director or Officer

Other duties (1) — Crown / regulator

Secretary of State must issue release certificate to former liquidators Crown / Minister / Government department

s.rule 5.18

Security

Provide security before starting as a special manager Any Person
Provide security before acting as a court-appointed special manager Any Person

s.rule 5.4

Appointment by the court (section 108)

Liquidators must notify creditors of their appointment Director or Officer
Notify company creditors of your appointment as liquidator within 28 days Director or Officer

s.rule 5.6

Liquidator's resignation

Follow statutory procedures when a liquidator resigns Director or Officer
Notify members before resigning as liquidator and call meeting to consider replacement Director or Officer

s.rule 5.8

Removal of liquidator by company meeting

Notify Companies House of liquidator removal Director or Officer
Notify Companies House when a liquidator is removed by company meeting Director or Officer

s.rule 5.9

Delivery of proposed final account to members (section 94)

Deliver notice of proposed final account to members Director or Officer
Liquidator must give members eight weeks' notice of final account Director or Officer

Browse 16 other sections in this Part — procedural / definitional / commencement

Part 6 — CREDITORS' VOLUNTARY WINDING UP

s.006

Information to creditors and appointment of liquidator

Seek creditors' decision on nomination of liquidator Director or Officer

s.006

(1) This rule applies to the statement of affairs made...

Prepare and deliver a statement of affairs in a creditors' voluntary winding up Director or Officer

s.006

Security

Provide security before acting as a special manager Any Person

s.006

Accounting

Submit quarterly accounts of receipts and payments to the liquidator Any Person

s.006

Expenses of statement of affairs and decisions sought from creditors

Notify creditors of pre‑winding‑up expenses paid from company assets Director or Officer

s.requirement for approval or authorisation

Requirement for approval or authorisation

Liquidator must seek creditor approval before using floating charge assets for litigation costs Director or Officer

s.rule 6.11

Nomination of liquidator and information to creditors on conversion from members' voluntary winding up (section 96)

Seek creditor nomination when company is insolvent during voluntary winding up Director or Officer
Liquidator must seek nomination from creditors after conversion to creditors' voluntary winding up Director or Officer

s.rule 6.13

Information to creditors and contributories (conversion of members' voluntary winding up into creditors' voluntary winding up)

Liquidator must notify creditors and contributories of conversion to creditors' voluntary winding up Director or Officer
Notify creditors and shareholders when a solvent liquidation becomes insolvent Director or Officer

s.rule 6.17

Report by director etc.

Report material transactions to creditors during liquidation nomination Director or Officer
Report significant transactions occurring after the Statement of Affairs Director or Officer

s.rule 6.26

Removal of liquidator by creditors

Notify Companies House when a liquidator is removed by creditors Director or Officer
Removed liquidator must notify Companies House promptly Director or Officer

s.rule 6.28

Final account prior to dissolution (section 106)

Deliver final account and specific notices before company dissolution Director or Officer
Liquidator must send final account and notice to creditors and Companies House before dissolution Director or Officer

s.rule 6.37

Application for and appointment of special manager (section 177)

Liquidator must apply to court for a special manager with supporting report Director or Officer
Liquidator must provide detailed report when appointing a special manager Director or Officer

s.rule 6.41

Termination of appointment

Liquidator must apply to court to terminate a special manager’s appointment Director or Officer

s.rule 6.8

Delivery of accounts to liquidator (section 235)

Deliver accounts to the liquidator as requested Any Person
Deliver company accounts to the liquidator upon request Any Person

Browse 44 other sections in this Part — procedural / definitional / commencement

Part 7 — WINDING UP BY THE COURT

s.007

Injunction to restrain presentation or notice of petition

Apply to the right court for an injunction to stop a winding-up petition Trader

s.007

Security

Provide security and file a certificate when appointed as special manager Any Person

s.rule 7.100

Request by a contributory for a public examination

Submit a valid request to the official receiver for a public examination Any Person
Request a public examination of a company official Any Person

s.rule 7.102

Order for public examination

Other duties (1) — Crown / regulator

Official Receiver must serve public examination order promptly Crown / Minister / Government department

s.rule 7.105

Procedure at public examination

Attend and answer questions at your public examination Director or Officer
Cooperate and answer questions during a public examination Any Person

s.rule 7.117

Application to court for order authorising return of capital

Provide list of recipients when applying for return of capital order Director or Officer
Provide a list of shareholders when applying to return capital Director or Officer

s.rule 7.119

Secretary of State's directions under sections 203 and 205 and appeal

Deliver direction or court order to Companies House Applicant
Deliver a copy of dissolution directions to Companies House Applicant

s.rule 7.12

Certificate of compliance

File a certificate of compliance before a court hearing Applicant
File certificate of compliance with petition service requirements Applicant

s.rule 7.14

Notice by persons intending to appear

File notice of intention to appear at a winding-up petition hearing Trader
Notify the petitioner if you intend to attend a winding-up hearing Trader

s.rule 7.15

List of appearances

Prepare and file a list of appearances with the court before the hearing Applicant
Prepare and hand over a list of court appearances for insolvency petitions Applicant

s.rule 7.16

Witness statement in opposition

File and deliver a witness statement to oppose a winding-up petition Trader

s.rule 7.22

Delivery and notice of the order

Other duties (2) — Crown / regulator

Official receiver must deliver winding-up order to company and publish notice Crown / Minister / Government department
Official Receiver must notify the company and public of a winding-up order Statutory regulator

s.rule 7.23

Petition dismissed

Give notice when winding-up petition is dismissed Applicant
Publicise the dismissal of a winding-up petition Applicant

s.rule 7.27

Petition presented by a relevant office-holder

Include required details when presenting a winding-up petition as office-holder Director or Officer
Include specific details in insolvency petitions Director or Officer

s.rule 7.29

Presentation and service of petition

File and serve a winding-up petition against a company Applicant
Present and serve a winding-up petition correctly Applicant

s.rule 7.3

The statutory demand

Ensure statutory demand contains all required information Trader
Ensure statutory demands follow strict formatting and content rules Trader

s.rule 7.41

Statement of affairs

Prepare and deliver a statement of affairs to the official receiver Any Person
Prepare and deliver a verified Statement of Affairs during insolvency Any Person

s.rule 7.44

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

Apply to court if the official receiver refuses to extend your statement of affairs deadline Any Person
Apply for an extension or release from submitting a statement of affairs Any Person

s.rule 7.49

Reports by official receiver: estimate of prescribed part

Other duties (2) — Crown / regulator

Official receiver must estimate company asset values in insolvency reports Statutory regulator
Official receiver must include estimate of prescribed part and net property in report Statutory regulator

s.rule 7.51

Notice of stay of winding up

Other duties (1) — Crown / regulator

Courts may require you to notify creditors of a stay of winding up Tribunal / Court

s.rule 7.57

Appointment by the Secretary of State

Other duties (2) — Crown / regulator

Secretary of State must appoint liquidator and deliver certificate Crown / Minister / Government department
Secretary of State must issue and deliver liquidator appointment certificates Crown / Minister / Government department

s.rule 7.60

Hand-over of assets by official receiver to liquidator

Pay the official receiver's expenses and advances from company assets Director or Officer
Settle official receiver's expenses and advances when taking over as liquidator Director or Officer

s.rule 7.62

Notice to official receiver of intention to vacate office

Notify official receiver of intention to vacate office Director or Officer
Notify the official receiver before leaving a liquidator role Director or Officer

s.rule 7.63

Decision of creditors to remove liquidator

Deliver removal certificate to official receiver within 3 business days Any Person
Notify the official receiver when a liquidator is removed Any Person

s.rule 7.64

Procedure on removal by creditors

Other duties (2) — Crown / regulator

Official Receiver must process and notify the removal of a liquidator Statutory regulator
Official receiver must complete the removal procedure when creditors remove a liquidator Statutory regulator

s.rule 7.69

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

Other duties (2) — Crown / regulator

Apply to the Secretary of State for release as liquidator Crown / Minister / Government department
Secretary of State must issue release certificate for liquidators Crown / Minister / Government department

s.rule 7.70

Release of official receiver

Other duties (2) — Crown / regulator

Official receiver must notify creditors before completing a winding up Statutory regulator
Official receiver must notify creditors before seeking release Crown / Minister / Government department

s.rule 7.77

Permission for exercise of powers by liquidator

Ensure liquidators have specific permission for certain actions Director or Officer
Obtain specific permission before exercising powers as liquidator Director or Officer

s.rule 7.78

Enforced delivery up of company's property (section 234)

Deliver company property to the liquidator without delay Any Person
Deliver up company property without avoidable delay when the liquidator demands it Director or Officer

s.rule 7.82

Procedure for settling list

Liquidator must send notice to each person on the settled list of contributories Director or Officer
Notify and manage the list of people who owe the company money Director or Officer

s.rule 7.89

Order giving permission to make a call

Liquidator must obtain court order before making a call on contributories Director or Officer

Other duties (1) — Crown / regulator

Courts must include specific details in an order allowing a 'call' on shares Tribunal / Court

s.rule 7.9

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

Provide copies of a winding-up petition to relevant parties Applicant
Serve copies of winding-up petition on company and deliver to relevant parties Applicant

s.rule 7.90

Making and enforcement of the call

Liquidator must deliver notice of call to each contributory Director or Officer
Liquidator must notify contributories of a 'call' for payment Director or Officer

s.rule 7.93

Appointment and remuneration of special manager (section 177)

Liquidator must apply to court and pay for a special manager if needed Director or Officer

Other duties (1) — Crown / regulator

Courts must include specific details in Special Manager appointment orders Tribunal / Court

s.rule 7.95

Failure to give or keep up security

Liquidators must report a special manager's security failures to the court Director or Officer
Report special manager's security failure to the court Director or Officer

s.rule 7.96

Accounting

Produce accounts of receipts and payments for liquidator's approval Any Person
Produce and submit accounts for the special manager's receipts and payments Any Person

s.rule 7.99

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

Submit a valid request for public examination of a company officer Trader
Include specific details when requesting a public examination of a company Trader

Browse 99 other sections in this Part — procedural / definitional / commencement

s.variation of, or addition to, the list

Variation of, or addition to, the list

Part 8 — INDIVIDUAL VOLUNTARY ARRANGEMENTS (IVA)

s.rule 8.10

Order granting a stay

Other duties (2) — Crown / regulator

Court must specify stay details in insolvency order Tribunal / Court
Courts must include specific details in an order staying insolvency proceedings Tribunal / Court

s.rule 8.11

Hearing of the application

Other duties (2) — Crown / regulator

Court must consider representations and fix venue for nominee's report Tribunal / Court
Court must hear representations and set follow-up dates for interim orders Tribunal / Court

s.rule 8.13

Action to follow making of an interim order

Deliver copies of an interim insolvency order to the nominee Applicant
Deliver copies of interim order to nominee and notified parties Applicant

s.rule 8.15

Nominee's report on the proposal

Nominee must file and deliver insolvency proposal report Any Person
Nominee must file report on IVA proposal with court and deliver to debtor Any Person

s.rule 8.17

Replacement of the nominee (section 256(3))

Notify nominee before applying to court to replace them Trader
Notify the nominee if you intend to apply to replace them Trader

s.rule 8.2

Proposal for an IVA: general principles and amendment

Prepare and authenticate an IVA proposal meeting content requirements Trader
Prepare and authenticate an Individual Voluntary Arrangement (IVA) proposal Trader

s.rule 8.21

Replacement of the nominee (section 256A(4))

Give nominee 5 business days' notice before applying to replace them Trader
Notify the nominee if you intend to apply for their replacement Trader

s.rule 8.22

Consideration of the proposal

Nominee must send creditors a notice about the IVA proposal Any Person
Notify creditors of an Individual Voluntary Arrangement (IVA) proposal Any Person

s.rule 8.23

Proposals for an alternative supervisor

Provide credentials for alternative Individual Voluntary Arrangement supervisors Trader
Provide consent and qualification documents when proposing an alternative insolvency supervisor Trader

s.rule 8.24

Report of the creditors' consideration of a proposal

Prepare and circulate a report on the creditors' vote on a proposal Any Person
Prepare and file report of creditors' decision on IVA proposal Any Person

s.rule 8.25

Hand-over of property, etc. to supervisor

Transfer assets to the supervisor after IVA approval Trader
Hand over IVA assets to the supervisor as soon as reasonably practicable Trader

s.rule 8.27

Revocation or suspension of an IVA (section 262)

Deliver court order copies and notify affected parties after an IVA is revoked or suspended Trustee
Notify affected parties and the court if an IVA is cancelled or suspended Trustee

s.rule 8.28

Supervisor's accounts and reports

Keep accounts, records and send annual reports to creditors and debtor Any Person
Keep records and issue annual reports as an IVA supervisor Any Person

s.rule 8.35

Notice of order

Other duties (1) — Crown / regulator

Official receiver must notify creditors of bankruptcy annulment Statutory regulator

s.rule 8.36

Advertisement of order

Other duties (2) — Crown / regulator

Official receiver must advertise annulment order on request Statutory regulator
Official Receiver must advertise bankruptcy annulment upon request Statutory regulator

s.rule 8.37

Trustee's final account

Deliver final account to Secretary of State and file with court Trustee
Trustee must provide final account to the Crown and Court Trustee

s.rule 8.38

Provision of information

Provide a breakdown of time spent and hourly rates upon request Any Person
Provide time-spent fee breakdown on request within 28 days Any Person

s.rule 8.4

Notice of nominee's consent

Deliver notice of consent to the debtor Any Person
Send notice of consent to act as an insolvency nominee Any Person

s.rule 8.8

Application for interim order

Apply for an interim order for a Voluntary Arrangement Trader
Submit required documents and give notice for interim order application Applicant

Browse 26 other sections in this Part — procedural / definitional / commencement

Part 9 — DEBT RELIEF ORDERS

s.rule 9.10

Contents of debt relief order

Other duties (2) — Crown / regulator

Debt relief orders must contain specified contents Statutory regulator
Insolvency Service must issue Debt Relief Orders with specific details Statutory regulator

s.rule 9.11

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

Other duties (1) — Crown / regulator

Official Receiver must notify intermediaries and register Debt Relief Orders Statutory regulator

s.rule 9.12

Prescribed information for creditors on making of debt relief order

Other duties (1) — Crown / regulator

Official Receiver must notify creditors when a Debt Relief Order is made Statutory regulator

s.rule 9.17

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

Creditors may request revocation of a Debt Relief Order Trader

s.rule 9.27

Court's order on application

Other duties (2) — Crown / regulator

Courts must provide copies of orders regarding director disqualification Tribunal / Court
Court must specify permission terms and deliver order copies Tribunal / Court

s.rule 9.5

Role of approved intermediary

Approved intermediaries must process and submit Debt Relief Order applications Any Person
Approved intermediary must process debt relief order applications promptly and correctly Any Person

Browse 28 other sections in this Part — procedural / definitional / commencement

Part 10 — BANKRUPTCY

s.010

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

Other duties (1) — Crown / regulator

Trustee must update Land Registry when bankrupt's home is returned Statutory regulator

s.010

Service of statutory demand

Take reasonable steps to serve a statutory demand Trader

s.010

Proof of service of statutory demand

File a certificate of service of a statutory demand with your bankruptcy petition Trader

s.010

Appointment to be gazetted

Gazette notice of trustee appointment by creditors Trustee

s.010

Invitation to creditors to form a creditors' committee

Other duties (1) — Crown / regulator

Invite creditors to form a creditors' committee when seeking a decision Crown / Minister / Government department

s.010

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

Trustee must complete final report and provide notices to creditors and bankrupt when vacating office Trustee

s.010

Security

Provide security before acting as special manager in bankruptcy Any Person

s.010

Accounting

Special manager must produce accounts for trustee approval Any Person

s.court in which petition is to be presented

Court in which petition is to be presented

Present bankruptcy petition to the correct court or hearing centre Trader

s.rule 10.101

Order for public examination requested by creditors

Creditors can request a bankrupt's public examination Trader
Submit specific documents when requesting a bankrupt's public examination Trader

s.rule 10.109

Application for income payments order (section 310)

Trustee must notify bankrupt of income payments order application Trustee
Attend or consent to income payments order hearing if bankrupt Any Person

s.rule 10.110

Order for income payments order

Other duties (1) — Crown / regulator

Courts must include specific details in an Income Payments Order Tribunal / Court

s.rule 10.111

Action to follow making of order

Other duties (1) — Crown / regulator

Trustee must deliver sealed income payments order to the bankrupt and any payer Statutory regulator

s.rule 10.113

Order to payer of income: administration

Comply with income payment orders for bankrupt employees Any Person
Comply with income payments order and notify trustee of changes Any Person

s.rule 10.117

Variation of income payments agreements

Notify official receiver or trustee of bankruptcy variation application at least 28 days before hearing Any Person

Other duties (1) — Crown / regulator

Notify the bankrupt of an application to vary an income payments agreement Statutory regulator

s.rule 10.119

Making and service of the order

Other duties (2) — Crown / regulator

HMRC official must comply with court order or explain non-compliance Crown / Minister / Government department
HMRC officials must provide statements explaining if requested documents are missing Statutory regulator

s.rule 10.132

Application for annulment

Apply for annulment of bankruptcy order with proper documentation and notice Applicant
Apply for the annulment of a bankruptcy order Applicant

s.rule 10.133

Report by trustee

Trustee must file and deliver a report before a bankruptcy annulment hearing Trustee
Trustee must file report with court before annulment hearing Trustee

s.rule 10.139

Notice to creditors

Other duties (1) — Crown / regulator

Official Receiver must notify creditors if a bankruptcy is cancelled Statutory regulator

s.rule 10.140

Other matters arising on annulment

Other duties (2) — Crown / regulator

Official Receiver must publish bankruptcy annulment notice upon request Statutory regulator
Official receiver must publish notice of annulment on request from former bankrupt Crown / Minister / Government department

s.rule 10.144

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

Request public notice of your bankruptcy discharge Any Person

Other duties (1) — Crown / regulator

Court must issue certificate of discharge to former bankrupts Tribunal / Court

s.rule 10.154

Contents of petition

Ensure your bankruptcy petition contains all required details Applicant
Provide specific details when petitioning for a bankruptcy order Applicant

s.rule 10.160

Application by bankrupt for discharge

Apply for discharge from bankruptcy and pay required costs Any Person
Bankrupt must pay deposit and notify official receiver for discharge application Any Person

s.rule 10.163

Deferment of issue of order pending appeal

Other duties (2) — Crown / regulator

Court must defer issue of discharge order pending appeal Tribunal / Court
Courts must delay bankruptcy discharge orders if an appeal is pending Tribunal / Court

s.rule 10.166

Application for redirection order

Other duties (2) — Crown / regulator

Courts must process redirection order applications and may set conditions Tribunal / Court
Official receiver or trustee must apply to court for redirection of bankrupt's letters without notice Crown / Minister / Government department

s.rule 10.18

Debtor's notice of opposition to petition

File and deliver notice of opposition to a bankruptcy petition Trader
File notice of opposition to bankruptcy petition at least 5 business days before hearing Trader

s.rule 10.21

Hearing of petition

Other duties (2) — Crown / regulator

Court must not hear bankruptcy petition before 14 days after service on debtor Tribunal / Court
Court must wait 14 days after serving a petition before holding a hearing Tribunal / Court

s.rule 10.22

Postponement of hearing

Notify interested parties of postponed bankruptcy petition hearing Applicant
Notify relevant parties if you postpone a bankruptcy petition hearing Applicant

s.rule 10.23

Adjournment of the hearing

Deliver notice of adjournment of bankruptcy petition hearing Applicant
Notify affected parties of a bankruptcy petition adjournment Applicant

s.rule 10.24

Decision on the hearing

Cancel Land Registry entry when bankruptcy petition is dismissed or withdrawn Trader
Ensure bankruptcy petition entries are removed from property registers Trader

s.rule 10.25

Vacating registration on withdrawal of petition

Other duties (2) — Crown / regulator

Court must deliver sealed copies of withdrawal order to debtor Tribunal / Court
Court must provide copies of the order when an insolvency petition is withdrawn Tribunal / Court

s.rule 10.29

Change of carriage of petition

Other duties (2) — Crown / regulator

Court may transfer control of a winding-up petition to another creditor Tribunal / Court
Court must decide change of carriage petitions for insolvency cases Tribunal / Court

s.rule 10.35

Bankruptcy application for a bankruptcy order

Submit an accurate and complete bankruptcy application Trader
Submit precise information when applying for your own bankruptcy Trader

s.rule 10.39

Determination of the bankruptcy application

Other duties (1) — Crown / regulator

Adjudicator must decide bankruptcy application within the determination period Statutory regulator

s.rule 10.46

Application to the Chief Land Registrar

Other duties (1) — Crown / regulator

Official Receiver must apply to register bankruptcy orders with Land Registry Statutory regulator

s.rule 10.47

The bankruptcy file

Other duties (2) — Crown / regulator

Insolvency Service must maintain and share the bankruptcy file Statutory regulator
Official receiver must maintain bankruptcy file and allow inspection Statutory regulator

s.rule 10.57

Limited disclosure

Other duties (2) — Crown / regulator

Official Receiver may apply to restrict disclosure of the bankruptcy details Statutory regulator
Official receiver may apply to court to limit disclosure of statement of affairs Crown / Minister / Government department

s.rule 10.63

Delivery of accounts to official receiver

Deliver financial accounts to the official receiver upon request Any Person

s.rule 10.66

Reports by the official receiver

Other duties (2) — Crown / regulator

Official receiver must report on bankruptcy and debtor affairs Statutory regulator
Official receiver must send a report to creditors after bankruptcy order Crown / Minister / Government department

s.rule 10.67

Appointment by creditors of new trustee

Manage appointment of new trustee after creditors remove the current one Trustee
Invite proposals for a new trustee after removing a trustee in bankruptcy Trustee

s.rule 10.68

Certification of appointment

Other duties (2) — Crown / regulator

Convener/chair must certify trustee appointment for a bankrupt's estate Statutory regulator
Official Receiver must deliver the trustee appointment certificate Statutory regulator

s.rule 10.71

Appointment by the court (section 291A(2))

File a statement of qualification and consent before court appoints you as trustee Any Person

Other duties (1) — Crown / regulator

Tribunal must ensure insolvency trustee appointment orders are validly formed Tribunal / Court

s.rule 10.75

Hand-over of bankrupt's estate by official receiver to trustee

Other duties (2) — Crown / regulator

Official Receiver must hand over bankrupt's estate to a successor trustee Statutory regulator
Trustee must take over bankrupt's estate and pay official receiver's costs Crown / Minister / Government department

s.rule 10.77

Trustee's resignation and appointment of replacement (section 298(7))

Follow specific procedures when resigning as a bankruptcy trustee Trustee
Resign as trustee only on valid grounds and follow creditor notification process Trustee

s.rule 10.78

Decision of creditors to remove trustee (section 298(1))

Chair or convener must notify the Official Receiver of trustee removal Trader
File certificate of trustee removal with official receiver within 3 days Trader

s.rule 10.8

Identification of debtor

Include full debtor identification details in any insolvency petition Applicant
Provide accurate debtor and business details in a bankruptcy petition Applicant

s.rule 10.81

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

Other duties (2) — Crown / regulator

Secretary of State must follow specific procedures when removing a trustee Crown / Minister / Government department
Secretary of State must give notice and chance to reply before removing a trustee Crown / Minister / Government department

s.rule 10.82

Notice of resignation or removal

New trustee must state predecessor's resignation or removal in notice of appointment Trustee
State predecessor's status when a new insolvency trustee is appointed Trustee

s.rule 10.83

Release of removed trustee (section 299)

Apply to the Secretary of State for release if creditors oppose removal Trustee

Other duties (1) — Crown / regulator

Secretary of State must process applications for release of a removed trustee Crown / Minister / Government department

s.rule 10.84

Deceased trustee

Notify the official receiver if an insolvency trustee dies Trustee
Notify the official receiver of a trustee's death within 21 days Trustee

s.rule 10.85

Loss of qualification as insolvency practitioner (section 298(6))

Notify official receiver when you lose insolvency practitioner qualification Trustee
Notify the official receiver if an insolvency practitioner loses qualification Trustee

s.rule 10.86

Release of official receiver on completion of administration (section 299)

Other duties (2) — Crown / regulator

Official receiver must notify bankrupt and creditors before closing estate Statutory regulator
Official receiver must notify creditors before completing bankruptcy administration Crown / Minister / Government department

s.rule 10.9

Identification of debt

Include full debt details in bankruptcy or winding-up petitions Applicant
Detail debt information when presenting a bankruptcy petition Any Person

Browse 147 other sections in this Part — procedural / definitional / commencement

s.vesting of bankrupt's interest (unregistered land)

Vesting of bankrupt's interest (unregistered land)

Part 11 — BANKRUPTCY AND DEBT RELIEF RESTRICTIONS ORDERS AND UNDERTAKINGS AND THE INSOLVENCY REGISTERS

s.rule 11.13

Maintenance of the registers and inspection

Other duties (2) — Crown / regulator

Secretary of State must maintain and provide access to insolvency registers Crown / Minister / Government department
Secretary of State must maintain insolvency registers and provide public electronic access Crown / Minister / Government department

s.rule 11.14

Entry of information on the individual insolvency register: IVAs

Other duties (2) — Crown / regulator

Secretary of State must maintain Individual Insolvency Register for IVAs Crown / Minister / Government department
Secretary of State must register IVA details on the individual insolvency register Crown / Minister / Government department

s.rule 11.17

Deletion of information from the individual insolvency register: bankruptcy orders

Other duties (2) — Crown / regulator

Secretary of State must delete bankruptcy information from individual insolvency register after annulment or discharge Crown / Minister / Government department
Secretary of State must delete bankruptcy records from the register Crown / Minister / Government department

s.rule 11.2

Application for a bankruptcy or debt relief restrictions order

Other duties (2) — Crown / regulator

Secretary of State must support bankruptcy or debt relief restrictions orders with a report and evidence Crown / Minister / Government department
Secretary of State must provide a report and evidence for bankruptcy orders Crown / Minister / Government department

s.rule 11.21

Deletion of information from the registers

Other duties (2) — Crown / regulator

Secretary of State must delete records from insolvency restriction registers Crown / Minister / Government department
Secretary of State must delete bankruptcy/debt relief restrictions from registers after cessation Crown / Minister / Government department

s.rule 11.23

Death of a person about whom information is held on a register

Other duties (2) — Crown / regulator

Secretary of State must record death on insolvency registers Crown / Minister / Government department
Secretary of State must update insolvency registers upon notice of death Crown / Minister / Government department

s.rule 11.3

Service of the application on the bankrupt or debtor

File acknowledgement of service within 14 days of receiving insolvency application Trader
Acknowledge receipt of a bankruptcy or debt application Trader

s.rule 11.4

The bankrupt's or debtor's evidence opposing an application

File evidence opposing an application within 28 days and serve copy on Secretary of State Trader
Submit evidence if opposing an insolvency-related application Trader

s.rule 11.6

Application for an interim bankruptcy or debt relief restrictions order

Other duties (2) — Crown / regulator

Secretary of State must follow procedure when applying for interim bankruptcy/debt relief restrictions order Crown / Minister / Government department
Secretary of State must provide notice and evidence for interim orders Crown / Minister / Government department

s.rule 11.9

Order setting aside an interim order

Other duties (2) — Crown / regulator

Secretary of State must deliver sealed copy of order setting aside interim restrictions to the bankrupt or debtor Crown / Minister / Government department
Secretary of State must provide a copy of the order setting aside restrictions Crown / Minister / Government department

Browse 16 other sections in this Part — procedural / definitional / commencement

Part 12 — COURT PROCEDURE AND PRACTICE

s.rule 12.14

Applications under section 176A(5) to disapply section 176A

Provide witness statement with application to disapply unsecured creditor distribution Director or Officer
Submit witness statement when applying to skip unsecured creditor payments Director or Officer

s.rule 12.15

Notice of application under section 176A(5)

Notify other office-holders of section 176A(5) application Director or Officer
Office-holders must notify other office-holders of certain applications Director or Officer

s.rule 12.25

Witness statement in support of application

Submit a medical witness statement for incapacitated persons Applicant
Support insolvency application for incapacitated person with medical witness statement Any Person

s.rule 12.29

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

Office-holders must identify themselves in witness statements and may use reports Director or Officer
State your capacity and address when providing a witness statement Director or Officer

s.rule 12.38

Action following application for a block transfer order

Deliver court orders and notify creditors of block transfer appointments Applicant
File and notify parties of block transfer orders Applicant

s.rule 12.40

Office copies of documents

Other duties (1) — Crown / regulator

Court must provide office copies of insolvency documents upon request Crown / Minister / Government department

s.rule 12.44

Costs of officers charged with execution of writs or other process

Refund disallowed costs to the insolvent estate Any Person

Other duties (1) — Crown / regulator

Insolvency office-holder can challenge enforcement officer costs Statutory regulator

s.rule 12.48

Applications for costs

Apply for insolvency costs promptly or face rejection Any Person
Serve court applications for insolvency costs on relevant officials Any Person

s.rule 12.54

Warrants under sections 134 and 364

Other duties (2) — Crown / regulator

Arresting officer and prison governor must manage custody of arrested person Statutory regulator
Arresting officers must hand arrested persons into custody and handle seized property Crown / Minister / Government department

s.rule 12.62

Appeals against decisions of the Secretary of State or official receiver

Appeal a decision made by the Secretary of State or official receiver Any Person
Appeal against a decision of the Secretary of State or official receiver within 28 days Director or Officer

s.rule 12.8

Fixing the venue

Other duties (1) — Crown / regulator

Courts must set a hearing date for insolvency applications Tribunal / Court

Browse 68 other sections in this Part — procedural / definitional / commencement

Part 13 — OFFICIAL RECEIVERS

Browse 5 other sections in this Part — procedural / definitional / commencement

s.013

Official receivers in court

s.013

Persons entitled to act on official receiver's behalf

s.013

Application for directions

s.013

Official receiver not to be appointed liquidator or trustee

s.official receiver's expenses

Official receiver's expenses

Part 14 — CLAIMS BY AND DISTRIBUTIONS TO CREDITORS IN A MORATORIUM, ADMINISTRATION, WINDING UP AND BANKRUPTCY

s.rule 14.14

Moratorium, administration and winding up: estimate of value of debt

Office-holder must estimate and notify value of uncertain debts Director or Officer
Office-holder must estimate uncertain debts in insolvency procedures Director or Officer

s.rule 14.20

Discounts

Deduct available discounts from your insolvency claim Any Person
Deduct trade discounts from insolvency claims Any Person

s.rule 14.25

Winding up: mutual dealings and set-off

Calculate and set off mutual debts during company liquidation Trader
Pay net balance owed to insolvent company after set-off of mutual dealings Trader

s.rule 14.3

Proving a debt

Submit a proof of debt to recover money from an insolvent company Trader

s.rule 14.30

Contents of notice of intention to declare a dividend or make a distribution

Include specific details in notices of intention to pay a dividend Director or Officer
Send creditors a formal notice before declaring a dividend or distribution Director or Officer

s.rule 14.32

Admission or rejection of proofs following last date for proving

Admit or reject creditor claims within 14 days of the deadline Director or Officer
Office-holder must decide on creditor proof claims within 14 days of the last proving date Director or Officer

s.rule 14.37

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

Send final notice to creditors if no dividend can be declared Director or Officer
Include specific statements in final insolvency dividend notices Director or Officer

s.rule 14.4

Requirements for proof

Submit a compliant proof of debt in insolvency proceedings Trader
Submit a formal proof of debt to an insolvency practitioner Trader

s.rule 14.41

Secured creditors

Adjust dividend payments if your security valuation changes Trader
Repay excess dividend if you revalue your security downward Trader

s.rule 14.43

Assignment of right to dividend

Notify office-holder when assigning a dividend right Any Person
Office-holders must pay dividends to assignees upon notice Director or Officer

s.rule 14.6

Allowing inspection of proofs

Allow creditors and members to inspect proofs of debt Director or Officer
Allow inspection of debt claims (proofs) by authorised parties Director or Officer

Browse 46 other sections in this Part — procedural / definitional / commencement

Part 15 — DECISION MAKING

s.rule 15.10

Venue for decision procedure

Consider convenience of participants when fixing the venue for a decision procedure Any Person
Ensure decision making venues are convenient for participants Any Person

s.rule 15.13

Gazetting and advertisement of meeting

Publicly advertise and 'Gazette' notice of insolvency meetings Any Person
Publish notice of creditor meeting in The Gazette Any Person

s.rule 15.14

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

Attend creditors' meetings when required by the convener Director or Officer
Attend creditors' meetings if you are an officer or bankrupt Director or Officer

s.rule 15.19

Expenses and timing of requisitioned decision

Provide cost estimates and hold requisitioned creditor meetings Any Person
Convener must handle requisitioned decision requests within specified timescales Any Person

s.rule 15.23a

Adjournment of meeting in, or for the purposes of, a moratorium under Part A1 of the Act

Adjourn meetings during a company moratorium correctly Director or Officer
Chair must adjourn insolvency meeting if creditors resolve to do so, within 14-day limits Any Person

s.rule 15.24

Adjournment of meetings to remove a liquidator or trustee

Seek creditor consent before adjourning meetings to remove an insolvency practitioner Director or Officer
Do not adjourn meeting to remove liquidator without creditor consent Director or Officer

s.rule 15.38

Complaint

Meeting chair or convener must investigate and remedy exclusion complaints Any Person

Other duties (1) — Crown / regulator

Chair or convener must consider complaints of exclusion from meetings and remedy prejudice Statutory regulator

s.rule 15.40

Record of a decision

Keep formal records and minutes of insolvency decision procedures Any Person
Keep records of creditor and contributory decision procedures Director or Officer

s.rule 15.42

Remote attendance: notification requirements

Include required remote attendance rights in meeting notices Any Person
Notify meeting attendees of their right to request an indication or make a complaint about remote attendance Any Person

s.rule 15.43

Location of company meetings

Conveners must relocate meetings if requested by enough members Any Person
Respond to member requests for a physical meeting location Director or Officer

s.rule 15.45

Indication to excluded person

Provide information to persons excluded from a meeting Trader
Provide meeting summary to excluded person on request Any Person

s.rule 15.5

Virtual meetings

Include login details and adjournment rules in virtual meeting notices Trader
Include virtual meeting access details and adjournment statement in creditor notice Trader

s.rule 15.6

Physical meetings

Convene and notify creditors of a physical meeting if thresholds are met Any Person
Handle requests for physical meetings in insolvency decision procedures Any Person

s.rule 15.9

Voting in a decision procedure

Ensure your vote in insolvency decisions is submitted on time with proof Trader
Submit valid votes and proof of debt for insolvency decisions Trader

s.scheme manager's voting rights

Scheme manager's voting rights

Other duties (1) — Crown / regulator

Scheme manager may submit a statement of obligations for voting purposes Statutory regulator

Browse 42 other sections in this Part — procedural / definitional / commencement

Part 16 — PROXIES AND CORPORATE REPRESENTATION

s.rule 16.4

Use of proxies

Deliver and manage proxies for insolvency meetings Any Person
Follow proper proxy rules for insolvency meetings Any Person

s.rule 16.5

Use of proxies by the chair

Chair must accept and use proxies in insolvency meetings Any Person
Chair of insolvency meeting must accept and act on proxies appointing them Director or Officer

s.rule 16.6

Right of inspection and retention of proxies

Allow inspection of proxies and deliver them to the office-holder Director or Officer
Retain and allow inspection of voting proxies Director or Officer

s.rule 16.7

Proxy-holder with financial interest

Do not vote for resolutions that give you a financial benefit from the insolvent estate Any Person
Do not vote on resolutions where you have a financial interest Any Person

s.rule 16.9

Instrument conferring authorisation to represent corporation

Produce authorisation document at creditor meetings Trader
Produce evidence of authority to represent a corporation at meetings Trader

Browse 6 other sections in this Part — procedural / definitional / commencement

s.016

Blank proxy

s.016

(1) If a corporation is a creditor in a bankruptcy...

s.application and interpretation

Application and interpretation

s.paragraph/p152

[Note: a document required by the Act or these Rules...

s.paragraph/wrapper34

Corporate representation: bankruptcy and IVA

s.specific and continuing proxies

Specific and continuing proxies

Part 17 — CREDITORS' AND LIQUIDATION COMMITTEES

s.rule 17.14

Meetings of committee

Call and manage liquidation committee meetings Director or Officer
Manage committee meetings and give proper notice Director or Officer

s.rule 17.15

The chair at meetings

Appoint an office-holder or authorized person to chair committee meetings Director or Officer
Ensure committee meetings are chaired by the office-holder or a delegate Director or Officer

s.rule 17.19

Resolutions by correspondence

Follow rules for passing committee resolutions by post or email Director or Officer
Keep copies of correspondence resolutions with committee records Director or Officer

s.rule 17.25

Dealings by committee members and others

Avoid prohibited transactions while serving on a creditors' committee Any Person
Do not take personal benefit from the insolvent estate as a committee member Any Person

s.rule 17.5

Establishment of committees

Establish and notify membership of insolvency committees Director or Officer
Office-holder must formally notify committee establishment and membership Employer

s.rule 17.7

Notice of change of membership of a committee

Notify changes to committee membership Director or Officer
Notify authorities of changes to an insolvency committee Director or Officer

Browse 34 other sections in this Part — procedural / definitional / commencement

Part 18 — REPORTING AND REMUNERATION OF OFFICE-HOLDERS

s.progress reports in voluntary winding up: timing

Progress reports in voluntary winding up: timing

Send progress reports to members, creditors and Companies House Director or Officer

s.progress reports in winding up by the court and ba

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

Send progress reports to creditors and Companies House every 12 months Director or Officer

s.rule 18.11

Voluntary winding up: reporting arrangement under section 110

Include asset valuation details in insolvency progress reports and final accounts Director or Officer
Liquidator must report estimated values of property transferred in section 110 arrangement Director or Officer

s.rule 18.22

Application of scale fees where creditors fail to fix the basis of the office-holder's remuneration

Calculate and pay liquidator or trustee fees using scale rates Director or Officer
Calculate remuneration using scale fees when creditors haven't set your pay Director or Officer

s.rule 18.36

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

Deliver notice and documents to office-holder at least 14 days before remuneration challenge hearing Applicant
Notify the office-holder of the court hearing and provide evidence Applicant

s.rule 18.5

Information about pre-administration costs

Include pre-administration costs and approval status in progress reports Director or Officer
Include statements on pre-administration costs in progress reports Director or Officer

Browse 38 other sections in this Part — procedural / definitional / commencement

Part 19 — Disclaimer in winding up and bankruptcy

s.rule 19.2

Notice of disclaimer (sections 178 and 315)

Liquidator or trustee must follow disclaimer notice rules Director or Officer
Formal requirements for a notice of disclaimer in insolvency Director or Officer

s.rule 19.5

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

Trustee must serve copies of dwelling house disclaimer notice within 7 business days Trustee

Browse 10 other sections in this Part — procedural / definitional / commencement

Part 20 — Debtors and their families at risk of violence: orders not to disclose current address

Browse 8 other sections in this Part — procedural / definitional / commencement

s.020

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

s.020

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

s.application of this part and interpretation

s.the eu regulation

The EU Regulation

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

Browse 8 other sections in this Part — procedural / definitional / commencement

s.022

Preliminary

s.022

Application for permission under section 216(3)

s.022

First excepted case

s.paragraph/p174

[Note: a document required by the Act or these Rules...

s.power of court to call for liquidator's report

Power of court to call for liquidator's report

s.second excepted case

Second excepted case

s.statement as to the effect of the notice under rul

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

s.third excepted case

Third excepted case

Schedules

s.003

Punishment of offences under these Rules

Unlimited fine

Falsely claim entitlement to inspect a document Any Person

s.008

Additional information to be provided in the bankruptcy application

Unlimited fine

Provide detailed disclosures in a bankruptcy application Trader
Provide full details of financial history and assets in your bankruptcy application Trader

Secretary of State must review the Insolvency Rules every five years Crown / Minister / Government department

Browse 20 other sections

rule n1

Application of Chapter

sch. 4

s.001

Citation and commencement

s.002

Revocations

s.003

Extent and application

s.004

Transitional and savings provisions

s.005

Power of the Secretary of State to regulate certain matters

s.006

Punishment of offences

s.para.100

[Note: a document required by the Act or these Rules...

s.para.103

[Note: a document required by the Act or these Rules...

s.para.105

[Note: a document required by the Act or these Rules...

s.para.108

[Note: a document required by the Act or these Rules...

s.para.111

[Note: a document required by the Act or these Rules...

s.para.113

[Note: a document required by the Act of these Rules...

s.para.75

[Note: in accordance with rules 4 and 5 of the...

s.para.77

[Note: a document required by the Act or these Rules...

s.para.83

[Note: a document required by the Act or these Rules...

s.para.88

[Note: a document required by the Act or these Rules...

s.para.91

[Note: a document required by the Act or these Rules...

s.para.96

[Note: a document required by the Act or these Rules...

Read the full Act on legislation.gov.uk

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Annex 2 - IVA Protocol 2021: Regulatory framework (opens in a new tab) from Insolvency Service Detailed Guidance
Annex 2 - IVA Protocol 2025: Regulatory framework (opens in a new tab) from Insolvency Service Detailed Guidance
The functions of a trustee or liquidator (opens in a new tab) from Insolvency Service Detailed Guidance
Guide to liquidation (winding up) and re-using a company name (opens in a new tab) from Insolvency Service Detailed Guidance
Debt Relief Orders: Guidance for debt advisers (opens in a new tab) from Insolvency Service Detailed Guidance
Capital distributions on dissolution (HMRC) (opens in a new tab) from HMRC Detailed Guidance
Accountant in Bankruptcy (aib.gov.uk) (opens in a new tab) Detailed Guidance

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

Companies House

Primary

Registration and regulation of UK companies. Maintains the public register of companies, enforces filing requirements for annual accounts and confirmation statements. Gateway …

Insolvency Service

The Insolvency Service

Administers compulsory company liquidations and personal bankruptcies. Investigates director misconduct and can seek disqualification orders. Manages redundancy payments from the National Insurance …

At a glance

Who this Act binds

Step-by-step journeys using this legislation

Explore business rescue and insolvency options

Sell your business

Close your company

Relevant guidance

Supporting — topic alignment

Close a solvent company using Members' Voluntary Liquidation

Mentioned in related content

Other Acts binding the same actors

What this Act requires

Part 1 — SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS

Part 1A — MORATORIUMS

Part 2 — COMPANY VOLUNTARY ARRANGEMENTS (CVA)