| Guvnor

Enforced by: Companies House, Insolvency Service
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 6 of 491 obligations carry an unlimited fine. 485 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Director or Officer162 Any Person104 Trader62 Applicant46 Trustee21 Employer1 Responsible Person1

Plus 94 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Director or Officer — also bound by 429 other Acts

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Companies Act 1985 28 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Highways Act 1980 85 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Building Societies Act 1986 58 duties

Applicant — also bound by 307 other Acts

Human Medicines Regulations 2012 42 duties

The Land Registration Rules 2003 25 duties

Regulation (EU) No 1178/2011 (Aircrew) 20 duties

Value Added Tax Regulations 1995 18 duties

Space Industry Regulations 2021 14 duties

Trustee — also bound by 104 other Acts

The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 79 duties

The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2022 40 duties

Charities Act 2011 27 duties

Charities Act (Northern Ireland) 2008 22 duties

The Pensions (Northern Ireland) Order 2005 20 duties

Employer — also bound by 682 other Acts

The Income Tax (Pay As You Earn) Regulations 2003 241 duties

Provision and Use of Work Equipment Regulations 1998 120 duties

TULRCA 1992 72 duties

Income Tax (Earnings and Pensions) Act 2003 54 duties

Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 53 duties

Responsible Person — also bound by 108 other Acts

MH(CT)(S)A 2003 30 duties

Climate Change Levy (General) Regulations 2001 24 duties

Offshore Installations (Offshore Safety Directive) (Safety Case ) Regulations 2015 21 duties

The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 21 duties

The Offshore Installations (Safety Case) Regulations 2005 19 duties

What it requires

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

Part 1

SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS

14 of 67 sections shown

s.rule 1.17 Non-Gazette notices relating to a bankruptcy Regulated

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

s.rule 1.20 Registrar of companies: covering notices Regulated

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

s.rule 1.25 Standard contents of returns or reports of decisions Prosecution

Include standard content in insolvency decision reportsDirector or Officer
Include standard contents in returns or reports of decisionsDirector or Officer

Unlimited fine

s.rule 1.28 Standard contents of notices to be delivered to persons other than the registrar of companies Regulated

Include standard content in insolvency notices to third partiesAny Person

s.rule 1.29 Standard contents of all notices Regulated

Include standard contents in all insolvency noticesAny Person

s.rule 1.31 Standard contents of notices relating to documents Regulated

Include mandatory information in insolvency document noticesDirector or Officer
Include document details in notices relating to documentsAny Person

s.rule 1.33 Standard contents of notices of the results of decisions Regulated

Include standard information in decision result noticesAny Person
Include standard content in notices of insolvency decision resultsAny Person

s.rule 1.34 Standard contents of returns or reports of matters considered by company members by correspondence Regulated

Include purpose and outcome in company correspondence reportsTrader
Include purpose and outcome in returns or reports of members' correspondence decisionsTrader

s.rule 1.35 Standard contents and authentication of applications to the court under Part A1 to 11 of the Act Regulated

Include required contents and authenticate court applications in insolvency proceedingsApplicant
Include standard content in insolvency court applicationsApplicant

s.rule 1.40 Delivery of documents to authorised recipients Regulated

Deliver documents to an authorised representativeAny Person
Deliver documents to someone authorised in writing to accept themAny Person

s.rule 1.48 Electronic delivery by office-holders Regulated

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

s.rule 1.51 Retention period for documents made available on websites Regulated

Keep insolvency documents on your website for the required periodDirector or Officer
Keep insolvency documents on your website until two months after proceedings endDirector or Officer

s.standard contents of all documents Standard contents of all documents Regulated

Ensure documents filed with Companies House contain prescribed informationAny Person

s.standard contents of documents relating to the off Standard contents of documents relating to the office of office-holders Regulated

Include standard details on insolvency office-holder documentsDirector or Officer

53 other sections in this Part — procedural and definitional

s.001 Scope

s.001 Contents of notices to be gazetted under the Act or Rules

s.001 Standard contents of all notices

s.001 Gazette notices relating to a company

s.001 Gazette notices relating to a bankruptcy

s.001 Non-Gazette notices relating to a company

s.001 Non-Gazette notices: other provisions

s.001 Defined terms

s.001 Standard contents of documents relating to other documents

s.001 Standard contents of documents relating to court orders

s.001 Standard contents of returns or reports of matters considered by company members by correspondence

s.001 Standard contents of documents relating to other events

s.001 Standard contents of notices relating to the office of office-holders

s.001 Standard contents of notices relating to court proceedings or orders

s.001 (1) This Chapter applies where a document is required under...

s.001 Delivery to the creditors and opting out

s.001 Creditor's election to opt out

s.001 Office-holder to provide information to creditors on opting-out

s.001 Requirement for writing and form of documents

s.001 Delivery of documents to joint office-holders

s.001 Delivery by document exchange

s.001 Electronic delivery of notices to enforcement officers

s.001 (1) This rule applies for the purposes of sections 246B...

s.001 Authentication

s.001 Delivery of proofs and details of claims

s.001 Offence in relation to inspection of documents

s.001 Right to list of creditors

s.001 Information required to identify persons and proceedings etc.

s.001 Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc.

s.001 Prescribed format of documents

s.calculation of time periods Calculation of time periods

s.charges for copies of documents provided by the of Charges for copies of documents provided by the office-holder

s.confidentiality of documents: grounds for refusing Confidentiality of documents: grounds for refusing inspection

s.electronic delivery of documents Electronic delivery of documents

s.electronic delivery of documents to the court Electronic delivery of documents to the court

s.general use of website to deliver documents General use of website to deliver documents

s.paragraph/p1 [Note: the terms which are defined in rule 1.2 include...

s.paragraph/p10 [Note: the requirements in Chapter 5 must be read with...

s.paragraph/p11 [Note: the requirements in Chapter 6 must be read with...

s.paragraph/p12 [Note: the requirements in Chapter 7 must be read with...

s.paragraph/p13 [Note: the requirements in Chapter 8 must be read with...

s.paragraph/p8 [Note: (1) the requirements in Chapter 4 must be read...

s.paragraph/p9 (2) this Chapter does not apply to the notice of...

s.paragraph/wrapper1 Application of Chapter

s.paragraph/wrapper2 Use of website by office-holder to deliver a particular document (sections 246B and 379B)

s.personal delivery of documents Personal delivery of documents

s.postal delivery of documents Postal delivery of documents

s.proof of delivery of documents Proof of delivery of documents

s.right to copies of documents Right to copies of documents

s.standard contents of documents delivered to the re Standard contents of documents delivered to the registrar of companies

s.standard contents of notices advertised otherwise Standard contents of notices advertised otherwise than in the Gazette

s.the gazette: evidence, variations and errors The Gazette: evidence, variations and errors

s.variations from prescribed contents Variations from prescribed contents

Part 1

MORATORIUMS

13 of 32 sections shown

s.001 The relevant documents: further requirements relating to the proposed monitor’s statement and consent to act (section A6(1)(b)) Regulated

Provide monitor's statement with required contentsAny Person

s.rule 1a.15 Documents filed with the court under sections A10(1) or A11(1) of the Act: contents and requirements Regulated

File properly formatted documents when extending a company moratoriumAny Person
Ensure court filings for company moratoria meet specific requirementsAny Person

s.rule 1a.18 Extending a moratorium by application to the court (section A13) Regulated

You must correctly file court application to extend a moratoriumApplicant
Apply to the court to extend a moratoriumDirector or Officer

s.rule 1a.19 Documents filed with the court under section A13(2): contents and requirements Regulated

Ensure court documents under moratorium extension have correct content and timelinessTrader
Ensure moratorium documents meet specific filing requirementsAny Person

s.rule 1a.20 Notification by directors to the monitor under section A17(1) of the Act: contents and requirements Prosecution

Notify the monitor if a moratorium is extended or endsDirector or Officer
Notify the monitor of moratorium extension or end within 3 business daysDirector or Officer

Unlimited fine

s.rule 1a.24 Debts that are to be disregarded for the purposes of section A38(1)(d) of the Act Regulated

Monitor must disregard certain debts when deciding to end a moratoriumAny Person

s.rule 1a.29 Procedure for filing of application Regulated

File insolvency application at court with required copies and dateApplicant
File and seal applications for court-based insolvency proceduresApplicant

s.rule 1a.3 Obtaining a moratorium by filing documents at court (section A3): notice of filing Regulated

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

s.rule 1a.30 Service of the application Regulated

Serve court application papers on specific parties at least 14 days before hearingApplicant
Serve insolvency application documents on relevant partiesApplicant

s.rule 1a.31 Notice of opposition Regulated

File and deliver a notice of opposition before an insolvency hearingAny Person
File notice of opposition to a moratorium applicationAny Person

s.rule 1a.32 Notice where the court grants permission under section A31 or A32 Regulated

Company must send court order copy to secured creditor or hire-purchase ownerTrader
Deliver court order to security holders after property disposal permissionTrader

s.rule 1a.8 Moratorium application (sections A4 and A5) Regulated

Ensure moratorium application is dated and completeDirector or Officer
File a complete moratorium application with the courtApplicant

s.rule 1a.9 The relevant documents: contents and requirements (section A6) Regulated

Ensure relevant documents meet content and timing requirements for court applicationAny Person
Ensure insolvency documents meet specific content and timing requirementsAny Person

19 other sections in this Part — procedural and definitional

s.001 The relevant documents: further requirements relating to the monitor’s statement and consent to act (section A6(1)(b))

s.001 Notice given by court where moratorium comes into force:

s.001 Application of Chapter

s.001 Extending a moratorium by filing notice with the court (sections A10 and A11): notice of extension

s.001 Directions

s.001 Application of Chapter

s.001 Notification by the monitor to the relevant persons under sections A17(2) or (3) of the Act: contents and requirements

s.001 Notification by directors to the monitor of insolvency proceedings (section A24)

s.001 Notice bringing moratorium to an end (section A38)

s.001 Replacement of monitor or appointment of additional monitor, monitor’s statement and consent to act: contents and requirements (section A39(4))

s.001 Application of Chapter

s.001 The relevant documents: contents and requirements (section A6)

s.001 Directions

s.001 Application of Chapter

s.application of chapter Application of Chapter

s.application of part 1a Application of Part 1A

s.challenges to monitor remuneration in subsequent i Challenges to monitor remuneration in subsequent insolvency proceedings

s.notice given by monitor where moratorium comes int Notice given by monitor where moratorium comes into force: standard contents and requirements

s.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))

Part 2

COMPANY VOLUNTARY ARRANGEMENTS (CVA)

9 of 52 sections shown

s.rule 2.10 Replacement of nominee (section 2(4)) Regulated

Notify nominee before applying to court for their replacementAny Person
Notify the nominee or proposer before applying to replace themAny Person

s.rule 2.2 Proposal for a CVA: general principles and amendment Regulated

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

s.rule 2.30 Notice of members' meeting and attendance of officers Regulated

Summon members and officers to meetings for insolvency proceedingsDirector or Officer
Directors and officers must attend CVA members' meeting if requestedAny Person

s.rule 2.31 Requisition of physical meeting by creditors Regulated

Organise and notify creditors of a physical meeting within strict timelinesDirector or Officer
Hold physical meeting within 14 days of creditor requisition and give 7 days noticeAny Person

s.rule 2.33 Proposal for alternative supervisor Regulated

Provide credentials for an alternative CVA or IVA supervisorTrader
Support an alternative CVA supervisor with consent and qualification proofTrader

s.rule 2.40 Revocation or suspension of CVA Regulated

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

s.rule 2.44 Termination or full implementation of CVA Regulated

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

s.rule 2.5 Information for the official receiver Regulated

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

s.rule 2.6 Statement of affairs (section 2(3)) Regulated

Prepare and submit a statement of affairs for a Company Voluntary Arrangement proposalDirector or Officer
Prepare and verify a comprehensive Statement of Affairs for insolvencyDirector or Officer

43 other sections in this Part — procedural and definitional

s.002 Interpretation

s.002 Notice and advertisement of beginning of a moratorium

s.002 Notice of continuation of a moratorium where physical meeting of creditors is summoned (paragraph 8(3B) of Schedule A1)

s.002 Notice of decision extending or further extending a moratorium (paragraph 36 of Schedule A1)

s.002 Advertisement of end of a moratorium (paragraph 11(1) of Schedule A1)

s.002 Disposal of charged property etc. during a moratorium

s.002 Withdrawal of nominee's consent to act (paragraph 25(5) of Schedule A1)

s.002 Applications to court to challenge nominee's actions etc. (paragraphs 26 and 27 of Schedule A1)

s.002 Consideration of proposal: common requirements (section 3)

s.002 Members' consideration at a meeting

s.002 Proposal: contents

s.002 Chair at meetings

s.002 Members' voting rights

s.002 Notice of order made under section 4A(6) or paragraph 36(5) of Schedule A1

s.002 Hand-over of property etc. to supervisor

s.002 Procedure for proposal where the nominee is not the liquidator or the administrator (section 2)

s.002 Supervisor's accounts and reports

s.002 Fees and expenses

s.002 Provision of information

s.002 Application to omit information from statement of affairs delivered to creditors

s.002 Additional disclosure for assistance of nominee where the nominee is not the liquidator or administrator

s.002 Nominee's report on proposal where the nominee is not the liquidator or administrator (section 2(2))

s.application to omit information from a statement o Application to omit information from a statement of affairs

s.application to the court to replace the nominee (p Application to the court to replace the nominee (paragraph 28 of Schedule A1)

s.creditors' approval of modified proposal Creditors' approval of modified proposal

s.creditors' consideration by a decision procedure Creditors' consideration by a decision procedure

s.documents filed with court to obtain a moratorium Documents filed with court to obtain a moratorium (paragraph 7(1) of Schedule A1)

s.non-receipt of notice by members Non-receipt of notice by members

s.notice of appointment of replacement nominee Notice of appointment of replacement nominee

s.notice of court order extending or further extendi Notice of court order extending or further extending or continuing or renewing a moratorium (paragraph 34(2) of Schedule A1)

s.paragraph/p16 [Note: (1) section 1 of the Act sets out who...

s.paragraph/p17 (2) a document required by the Act or these Rules...

s.paragraph/p18 [Note: a document required by the Act or these Rules...

s.paragraph/p19 [Note: a document required by the Act or these Rules...

s.paragraph/p20 [Note: a document required by the Act or these Rules...

s.paragraph/p21 [Note: a document required by the Act or these Rules...

s.paragraph/p22 [Note: a document required by the Act or these Rules...

s.production of accounts and records to the secretar Production of accounts and records to the Secretary of State

s.report of consideration of proposal under section Report of consideration of proposal under section 4(6) and (6A) ...

s.requisite majorities of members Requisite majorities of members

s.statement of affairs (paragraph 6(1)(b) of schedul Statement of affairs (paragraph 6(1)(b) of Schedule A1)

s.the nominee's statement (paragraph 6(2) of schedul The nominee's statement (paragraph 6(2) of Schedule A1)

s.timing of decisions on proposal Timing of decisions on proposal

Part 3

ADMINISTRATION

18 of 86 sections shown

s.003 Notice of appointment without prior notice of intention to appoint Regulated

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

s.003 Pre-administration costs Regulated

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

s.003 Notice of automatic end of administration (paragraph 76 of Schedule B1) Regulated

File notice and final report when administration ends automaticallyDirector or Officer

s.rule 3.10 Notice of other insolvency proceedings Regulated

Notify the court of other insolvency proceedings during an applicationApplicant
Notify the court of other insolvency proceedings worldwideApplicant

s.rule 3.15 Notice of administration order Regulated

Pass the administration order to the appointed administratorApplicant

Other duties (1) — Crown / regulator

Court must deliver sealed administration order copiesCrown / Minister / Government department

s.rule 3.36 Administrator's proposals: statement of pre-administration costs Regulated

Include detailed pre-administration costs in the administrator's proposalsDirector or Officer
Include detailed statement of pre-administration costs in your proposalsDirector 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) Regulated

Advertise administration proposals and notify stakeholders of extensionsDirector or Officer
Advertise administrator's proposals or notify extension to creditors and Companies HouseDirector or Officer

s.rule 3.40 Notice of extension of time to seek approval Regulated

Notify creditors and members of an administration extensionDirector or Officer
Notify creditors and members of court-ordered extension to seek approvalDirector or Officer

s.rule 3.42 Administrator's proposals: revision Regulated

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

s.rule 3.45 Orders limiting disclosure of statement of affairs etc. Regulated

Deliver court order and limited documents to Companies House and creditorsDirector or Officer
Apply for a court order to limit disclosure of confidential company infoDirector or Officer

s.rule 3.54 Application to extend an administration and extension by consent (paragraph 76(2) of Schedule B1) Regulated

Notify creditors and Companies House when extending an administrationDirector or Officer
Notify creditors of extension reasons and resultsDirector or Officer

s.rule 3.58 Creditor's application for order ending administration (paragraph 81 of Schedule B1) Regulated

Deliver copies of an application to end administration to key partiesTrader
Deliver copy of application to administrator and others before hearingTrader

s.rule 3.63 Notice of intention to resign Regulated

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

s.rule 3.66 Notice of vacation of office when administrator ceases to be qualified to act Prosecution

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

Unlimited fine

s.rule 3.68 Application to replace Regulated

Follow correct procedure when applying to replace an administratorApplicant
Submit necessary documents when applying to replace an administratorAny Person

s.rule 3.69 Appointment of replacement or additional administrator Regulated

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

s.rule 3.7 Filing of application Regulated

File administration application with court documents and copiesApplicant
File administration application and supporting documents with the courtApplicant

s.rule 3.9 Notice to enforcement agents charged with distress or other legal process, etc. Regulated

Notify enforcement agents of administration applicationApplicant

68 other sections in this Part — procedural and definitional

s.003 Interpretation for Part 3

s.003 Intervention by holder of qualifying floating charge (paragraph 36(1)(b) of Schedule B1)

s.003 The hearing

s.003 Order on an application under paragraph 37 or 38 of Schedule B1

s.003 Notice of intention to appoint

s.003 Filing of notice with the court

s.003 Appointment by floating charge holder after administration application made

s.003 Appointment taking place out of court business hours: procedure

s.003 Appointment taking place out of court business hours: content of notice

s.003 Appointment taking place out of court business hours: legal effect

s.003 Notice of intention to appoint

s.003 Notice of appointment: filing with the court

s.003 Publication of administrator's appointment

s.003 Interpretation

s.003 (1) A requirement under paragraph 47(1) of Schedule B1 for...

s.003 (1) The statement of the company's affairs must be headed...

s.003 Statement of affairs: statement of concurrence

s.003 Statement of affairs: filing

s.003 Statement of affairs: release from requirement and extension of time

s.003 Statement of affairs: expenses

s.003 Seeking approval of the administrator's proposals

s.003 Invitation to creditors to form a creditors' committee

s.003 Notice of the creditors' decision on the administrator's proposals (paragraph 53(2))

s.003 Notice of result of creditors' decision on revised proposals (paragraph 54(6))

s.003 Application of Chapter

s.003 Order for disclosure by administrator

s.003 Rescission or amendment of order for limited disclosure

s.003 Disposal of charged property

s.003 Administration application by the supervisor of a CVA

s.003 Expenses

s.003 Order of priority

s.003 Interpretation

s.003 Notice of end of administration when purposes achieved (paragraph 80(2) of Schedule B1)

s.003 Administrator's application for order ending administration (paragraph 79 of Schedule B1)

s.003 Notice by administrator of court order

s.003 Witness statement in support of administration application

s.003 (1) This rule applies where the administrator delivers to the...

s.003 Moving from administration to dissolution (paragraph 84 of Schedule B1)

s.003 Grounds for resignation

s.003 Notice of resignation (paragraph 87 of Schedule B1)

s.003 Application to court to remove administrator from office

s.003 Deceased administrator

s.003 Administrator's duties on vacating office

s.003 Service of application

s.administration application made by the directors Administration application made by the directors

s.administration application (paragraph 12 of schedu Administration application (paragraph 12 of Schedule B1)

s.administrator's proposals: additional content Administrator's proposals: additional content

s.notice of appointment Notice of appointment

s.notice of appointment after notice of intention to Notice of appointment after notice of intention to appoint

s.paragraph/p23 [Note: a document required by the Act or these Rules...

s.paragraph/p24 [Note: a document required by the Act or these Rules...

s.paragraph/p25 [Note: a document required by the Act or these Rules...

s.paragraph/p26 [Note: a document required by the Act or these Rules...

s.paragraph/p27 [Note: a document required by the Act or these Rules...

s.paragraph/p28 [Note: a document required by the Act or these Rules...

s.paragraph/p32 [Note: a document required by the Act or these Rules...

s.paragraph/p33 [Note: a document required by the Act or these Rules...

s.paragraph/p34 [Note: a document required by the Act or these Rules...

s.paragraph/p35 [Note: a document required by the Act or these Rules...

s.paragraph/p36 [Note: a document required by the Act or these Rules...

s.paragraph/p38 [Note: a document required by the Act or these Rules...

s.paragraph/wrapper3 Statement of affairs: notice requiring and delivery to the administrator (paragraph 47(1) of Schedule B1)

s.paragraph/wrapper4 Statement of affairs: content (paragraph 47 of Schedule B1)

s.paragraph/wrapper5 Moving from administration to creditors' voluntary winding up (paragraph 83 of Schedule B1)

s.priority of moratorium debts in subsequent adminis Priority of moratorium debts in subsequent administration

s.proposed administrator's statement and consent to Proposed administrator's statement and consent to act

s.publication etc. of statement of affairs or statem Publication etc. of statement of affairs or statement of proposals

s.the order The order

Part 4

RECEIVERSHIP

14 of 30 sections shown

s.004 Statement of affairs: release from requirement and extension of time (section 47(5)) Regulated

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

s.004 Statement of affairs: expenses Regulated

Administrative receiver must pay expenses of those preparing insolvency statementsDirector or Officer

s.004 Administrative receiver's report to the registrar of companies and secured creditors (section 48(1)) Regulated

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

s.004 Invitation to creditors to form a creditors' committee Regulated

Invite creditors to form a creditors' committeeDirector or Officer

s.004 Disposal of charged property (section 43(1)) Regulated

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

s.004 Summary of receipts and payments Prosecution

Fail to deliver summary of receipts and payments as administrative receiverAny Person

Unlimited fine

s.004 (1) A requirement under section 47(1) for a nominated person... Regulated

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

s.rule 4.14 Copy of report for unsecured creditors (section 48(2)) Regulated

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

s.rule 4.18 Resignation Regulated

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

s.rule 4.20 Other vacation of office Regulated

Notify relevant parties when vacating office as an administrative receiverDirector or Officer

s.rule 4.23 Report to creditors Regulated

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

s.rule 4.5 Publication of appointment of administrative receiver (section 46(1)) Regulated

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

s.rule 4.9 Statement of affairs: retention by administrative receiver Regulated

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

s.statement of affairs: statement of concurrence Statement of affairs: statement of concurrence Regulated

Deliver statement of concurrence during insolvency proceedingsResponsible Person

16 other sections in this Part — procedural and definitional

s.004 Receivers or managers appointed under an instrument: acceptance of appointment (section 33)

s.004 Limited disclosure

s.004 Deceased administrative receiver

s.004 Notice to registrar of companies (section 45(4))

s.004 Receiver to deal with prescribed part

s.004 Interpretation

s.004 (1) The statement of affairs must be headed “Statement of...

s.administrative receiver's security Administrative receiver's security

s.application of chapter 2 Application of Chapter 2

s.application of chapter 3 Application of Chapter 3

s.paragraph/p39 [Note: for the application of this Part see introductory rule...

s.paragraph/p40 [Note: a document required by the Act or these Rules...

s.paragraph/p41 [Note: a document required by the Act or these Rules...

s.paragraph/p44 [Note: a document required by the Act or these Rules...

s.paragraph/wrapper6 Requirement to provide a statement of affairs (section 47(1))

s.paragraph/wrapper7 Statement of affairs: contents and delivery of copy (section 47(2))

Part 5

MEMBERS' VOLUNTARY WINDING UP

10 of 26 sections shown

s.005 Accounting Regulated

Produce accounts every three months as special managerAny Person

s.005 Meetings in members' voluntary winding up of authorised deposit-takers Regulated

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

s.rule 5.11 Deceased liquidator Regulated

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

s.rule 5.13 Liquidator's duties on vacating office Regulated

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

s.rule 5.14 Application by former liquidator to the Secretary of State for release (section 173(2)(b)) Regulated

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

Other duties (1) — Crown / regulator

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

s.rule 5.18 Security Regulated

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

s.rule 5.4 Appointment by the court (section 108) Regulated

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

s.rule 5.6 Liquidator's resignation Regulated

Follow statutory procedures when a liquidator resignsDirector or Officer
Notify members before resigning as liquidator and call meeting to consider replacementDirector or Officer

s.rule 5.8 Removal of liquidator by company meeting Regulated

Notify Companies House of liquidator removalDirector or Officer
Notify Companies House when a liquidator is removed by company meetingDirector or Officer

s.rule 5.9 Delivery of proposed final account to members (section 94) Regulated

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

16 other sections in this Part — procedural and definitional

s.005 (1) The statutory declaration of solvency required by section 89...

s.005 Final account prior to dissolution (section 94)

s.005 Loss of qualification as insolvency practitioner

s.005 Power of court to set aside certain transactions entered into by liquidator

s.005 Application for and appointment of special manager (section 177)

s.005 Failure to give or keep up security

s.005 Appointment by the company

s.005 Termination of appointment

s.005 Cost of liquidator's security (section 390(3))

s.paragraph/p45 [Note: a document required by the Act or these Rules...

s.paragraph/p47 [Note: a document required by the Act or these Rules...

s.paragraph/p48 [Note: a document required by the Act or these Rules...

s.paragraph/wrapper8 Statutory declaration of solvency: requirements additional to those in section 89

s.removal of liquidator by the court Removal of liquidator by the court

s.rule against improper solicitation by or on behalf Rule against improper solicitation by or on behalf of the liquidator

s.statement of affairs (section 95(3)) Statement of affairs (section 95(3))

Part 6

CREDITORS' VOLUNTARY WINDING UP

14 of 58 sections shown

s.006 Information to creditors and appointment of liquidator Regulated

Seek creditors' decision on nomination of liquidatorDirector or Officer

s.006 (1) This rule applies to the statement of affairs made... Regulated

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

s.006 Security Regulated

Provide security before acting as a special managerAny Person

s.006 Accounting Regulated

Submit quarterly accounts of receipts and payments to the liquidatorAny Person

s.006 Expenses of statement of affairs and decisions sought from creditors Regulated

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

s.requirement for approval or authorisation Requirement for approval or authorisation Regulated

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

s.rule 6.11 Nomination of liquidator and information to creditors on conversion from members' voluntary winding up (section 96) Regulated

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

s.rule 6.13 Information to creditors and contributories (conversion of members' voluntary winding up into creditors' voluntary winding up) Regulated

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

s.rule 6.17 Report by director etc. Regulated

Report material transactions to creditors during liquidation nominationDirector or Officer
Report significant transactions occurring after the Statement of AffairsDirector or Officer

s.rule 6.26 Removal of liquidator by creditors Regulated

Notify Companies House when a liquidator is removed by creditorsDirector or Officer
Removed liquidator must notify Companies House promptlyDirector or Officer

s.rule 6.28 Final account prior to dissolution (section 106) Regulated

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

s.rule 6.37 Application for and appointment of special manager (section 177) Regulated

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

s.rule 6.41 Termination of appointment Regulated

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

s.rule 6.8 Delivery of accounts to liquidator (section 235) Regulated

Deliver accounts to the liquidator as requestedAny Person
Deliver company accounts to the liquidator upon requestAny Person

44 other sections in this Part — procedural and definitional

s.006 Creditors' decision on appointment other than at a meeting (conversion from members' voluntary winding up)

s.006 Information to creditors and contributories

s.006 Further information where administrator becomes liquidator (paragraph 83(3) of Schedule B1)

s.006 Invitation to creditors to form a liquidation committee

s.006 (1) This rule applies to the statement of affairs made...

s.006 Appointment by creditors or by the company

s.006 Appointment by the court (section 100(3) or 108)

s.006 Advertisement of appointment

s.006 Additional requirements as to advertisement where moratorium under Part A1 of the Act in force

s.006 Cost of liquidator's security (section 390(3))

s.006 Liquidator's resignation and replacement

s.006 Removal of liquidator by the court

s.006 Deceased liquidator

s.006 Loss of qualification as insolvency practitioner

s.006 Liquidator's duties on vacating office

s.006 Application by former liquidator for release (section 173(2)(b))

s.006 Rule against improper solicitation

s.006 Permission for exercise of powers by liquidator

s.006 Failure to give or keep up security

s.006 Additional requirements as to statements of affairs

s.006 General rule as to priority

s.006 Request for approval or authorisation

s.006 Grant of approval or authorisation

s.006 Application to the court by the liquidator

s.006 Statement of affairs: statement of concurrence

s.006 Order limiting disclosure of statement of affairs etc.

s.006 Expenses of assistance in preparing accounts

s.application of part 6 Application of Part 6

s.application of the rules in this chapter Application of the rules in this Chapter

s.decisions on nomination Decisions on nomination

s.interpretation Interpretation

s.paragraph/p49 [Note: a document required by the Act or these Rules...

s.paragraph/p51 (2) the “official rate” referred to in paragraph (2)(c) is...

s.paragraph/p53 [Note: a document required by the Act or these Rules...

s.paragraph/p54 [Note: a document required by the Act or these Rules...

s.paragraph/p55 [Note: a document required by the Act or these Rules...

s.paragraph/p56 [Note: a document required by the Act or these Rules...

s.paragraph/wrapper10 Statement of affairs made out by the directors under section 99(1)

s.paragraph/wrapper9 Statement of affairs made out by the liquidator under section 95(1A)

s.power of court to set aside certain transactions Power of court to set aside certain transactions

s.power to fill vacancy in office of liquidator Power to fill vacancy in office of liquidator

s.priority of moratorium debts in subsequent winding Priority of moratorium debts in subsequent winding up

s.saving for powers of the court Saving for powers of the court

s.vacation of office on making of winding-up order Vacation of office on making of winding-up order

Part 7

WINDING UP BY THE COURT

37 of 136 sections shown

s.007 Injunction to restrain presentation or notice of petition Regulated

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

s.007 Security Regulated

Provide security and file a certificate when appointed as special managerAny Person

s.rule 7.100 Request by a contributory for a public examination Regulated

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

s.rule 7.102 Order for public examination Regulated

Other duties (1) — Crown / regulator

Official Receiver must serve public examination order promptlyCrown / Minister / Government department

s.rule 7.105 Procedure at public examination Regulated

Attend and answer questions at your public examinationDirector or Officer
Cooperate and answer questions during a public examinationAny Person

s.rule 7.117 Application to court for order authorising return of capital Regulated

Provide list of recipients when applying for return of capital orderDirector or Officer
Provide a list of shareholders when applying to return capitalDirector or Officer

s.rule 7.119 Secretary of State's directions under sections 203 and 205 and appeal Regulated

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

s.rule 7.12 Certificate of compliance Regulated

File a certificate of compliance before a court hearingApplicant
File certificate of compliance with petition service requirementsApplicant

s.rule 7.14 Notice by persons intending to appear Regulated

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

s.rule 7.15 List of appearances Regulated

Prepare and file a list of appearances with the court before the hearingApplicant
Prepare and hand over a list of court appearances for insolvency petitionsApplicant

s.rule 7.16 Witness statement in opposition Regulated

File and deliver a witness statement to oppose a winding-up petitionTrader

s.rule 7.22 Delivery and notice of the order Regulated

Other duties (2) — Crown / regulator

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

s.rule 7.23 Petition dismissed Regulated

Give notice when winding-up petition is dismissedApplicant
Publicise the dismissal of a winding-up petitionApplicant

s.rule 7.27 Petition presented by a relevant office-holder Regulated

Include required details when presenting a winding-up petition as office-holderDirector or Officer
Include specific details in insolvency petitionsDirector or Officer

s.rule 7.29 Presentation and service of petition Regulated

File and serve a winding-up petition against a companyApplicant
Present and serve a winding-up petition correctlyApplicant

s.rule 7.3 The statutory demand Regulated

Ensure statutory demand contains all required informationTrader
Ensure statutory demands follow strict formatting and content rulesTrader

s.rule 7.41 Statement of affairs Regulated

Prepare and deliver a statement of affairs to the official receiverAny Person
Prepare and deliver a verified Statement of Affairs during insolvencyAny Person

s.rule 7.44 Release from duty to submit statement of affairs: extension of time (section 131) Regulated

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

s.rule 7.49 Reports by official receiver: estimate of prescribed part Regulated

Other duties (2) — Crown / regulator

Official receiver must estimate company asset values in insolvency reportsStatutory regulator
Official receiver must include estimate of prescribed part and net property in reportStatutory regulator

s.rule 7.51 Notice of stay of winding up Regulated

Other duties (1) — Crown / regulator

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

s.rule 7.57 Appointment by the Secretary of State Regulated

Other duties (2) — Crown / regulator

Secretary of State must appoint liquidator and deliver certificateCrown / Minister / Government department
Secretary of State must issue and deliver liquidator appointment certificatesCrown / Minister / Government department

s.rule 7.60 Hand-over of assets by official receiver to liquidator Regulated

Pay the official receiver's expenses and advances from company assetsDirector or Officer
Settle official receiver's expenses and advances when taking over as liquidatorDirector or Officer

s.rule 7.62 Notice to official receiver of intention to vacate office Regulated

Notify official receiver of intention to vacate officeDirector or Officer
Notify the official receiver before leaving a liquidator roleDirector or Officer

s.rule 7.63 Decision of creditors to remove liquidator Regulated

Deliver removal certificate to official receiver within 3 business daysAny Person
Notify the official receiver when a liquidator is removedAny Person

s.rule 7.64 Procedure on removal by creditors Regulated

Other duties (2) — Crown / regulator

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

s.rule 7.69 Application by liquidator for release (section 174(4)(b) or (d)) Regulated

Other duties (2) — Crown / regulator

Apply to the Secretary of State for release as liquidatorCrown / Minister / Government department
Secretary of State must issue release certificate for liquidatorsCrown / Minister / Government department

s.rule 7.70 Release of official receiver Regulated

Other duties (2) — Crown / regulator

Official receiver must notify creditors before completing a winding upStatutory regulator
Official receiver must notify creditors before seeking releaseCrown / Minister / Government department

s.rule 7.77 Permission for exercise of powers by liquidator Regulated

Ensure liquidators have specific permission for certain actionsDirector or Officer
Obtain specific permission before exercising powers as liquidatorDirector or Officer

s.rule 7.78 Enforced delivery up of company's property (section 234) Regulated

Deliver company property to the liquidator without delayAny Person
Deliver up company property without avoidable delay when the liquidator demands itDirector or Officer

s.rule 7.82 Procedure for settling list Regulated

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

s.rule 7.89 Order giving permission to make a call Regulated

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

Other duties (1) — Crown / regulator

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

s.rule 7.9 Copies of petition to be served on company or delivered to other persons Regulated

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

s.rule 7.90 Making and enforcement of the call Regulated

Liquidator must deliver notice of call to each contributoryDirector or Officer
Liquidator must notify contributories of a 'call' for paymentDirector or Officer

s.rule 7.93 Appointment and remuneration of special manager (section 177) Regulated

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

Other duties (1) — Crown / regulator

Courts must include specific details in Special Manager appointment ordersTribunal / Court

s.rule 7.95 Failure to give or keep up security Regulated

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

s.rule 7.96 Accounting Regulated

Produce accounts of receipts and payments for liquidator's approvalAny Person
Produce and submit accounts for the special manager's receipts and paymentsAny Person

s.rule 7.99 Request by a creditor for a public examination (section 133(2)) Regulated

Submit a valid request for public examination of a company officerTrader
Include specific details when requesting a public examination of a companyTrader

99 other sections in this Part — procedural and definitional

s.007 Application of Part 7

s.007 Notice of petition

s.007 Further provisions about requests by a creditor or contributory for a public examination

s.007 Notice of the public examination

s.007 Examinee unfit for examination

s.007 (1) The court may adjourn the public examination from time...

s.007 General rule as to priority

s.007 Priority of moratorium debts in subsequent winding up

s.007 Winding up commencing as voluntary

s.007 Persons entitled to request a copy of petition

s.007 Saving for powers of the court (section 156)

s.007 Interpretation

s.007 Priority of litigation expenses

s.007 Requests for approval or authorisation

s.007 Grant of approval or authorisation

s.007 Procedure for return

s.007 Order for substitution of petitioner

s.007 Notice of adjournment

s.007 Interpretation

s.007 Order for winding up by the court

s.007 Notice to official receiver of winding-up order

s.007 Interpretation and application of rules in Chapter 3

s.007 Contents of petition for winding-up order by a contributory

s.007 Verification of petition

s.007 Request to appoint former administrator or supervisor as liquidator (section 140)

s.007 Hearing of petition

s.007 Application for appointment of provisional liquidator (section 135)

s.007 Deposit by applicant

s.007 Notice of appointment of provisional liquidator

s.007 Security

s.007 Remuneration

s.007 Termination of appointment

s.007 Notice requiring statement of affairs (section 131)

s.007 Statement of affairs: statement of concurrence

s.007 Order limiting disclosure of statement of affairs etc.

s.007 Statement of affairs: expenses

s.007 Delivery of accounts to official receiver

s.007 Further disclosure

s.007 Reports by official receiver

s.007 Contents of petition

s.007 Further information where winding up follows administration

s.007 Choosing a person to be liquidator

s.007 Appointment of liquidator by creditors or contributories

s.007 Decision on nomination

s.007 Invitation to creditors and contributories to form a liquidation committee

s.007 Appointment by the court

s.007 Appointment to be gazetted and notice given to registrar of companies

s.007 Verification of petition

s.007 Liquidator's resignation

s.007 Removal of liquidator by the court (section 172(2))

s.007 Removal of liquidator by the Secretary of State (section 172(4))

s.007 Deceased liquidator

s.007 Loss of qualification as insolvency practitioner

s.007 Petition: presentation and filing

s.007 Final account prior to dissolution (section 146)

s.007 Relief from, or variation of, duty to report

s.007 Liquidator's duties on vacating office

s.007 Power of court to set aside certain transactions

s.007 General duties of liquidator

s.007 Duty of liquidator to settle list (section 148)

s.007 Contents of list

s.007 Costs of applications to vary etc. the list of contributories

s.007 Making of calls by the liquidator (sections 150 and 160)

s.007 Court order to enforce payment of call by a contributory

s.007 Application of this Chapter and interpretation

s.007 Termination of appointment

s.007 Applications relating to promoters, past managers etc. (section 133(1)(c))

s.application of this chapter Application of this Chapter

s.application to court for permission to make a call Application to court for permission to make a call (sections 150 and 160)

s.application to court for variation of the list Application to court for variation of the list

s.application to the court by the liquidator Application to the court by the liquidator

s.cost of liquidator's security (section 390(3)) Cost of liquidator's security (section 390(3))

s.court to which petition is to be presented where t Court to which petition is to be presented where the company is subject to a CVA or is in administration

s.delegation to liquidator of power to settle list o Delegation to liquidator of power to settle list of contributories

s.expenses of examination Expenses of examination

s.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

s.order of appointment of provisional liquidator Order of appointment of provisional liquidator

s.paragraph/p57 [Notes: (1) for petitions by a contributory or relevant office-holder...

s.paragraph/p58 (2) a document required by the Act or these Rules...

s.paragraph/p59 [Note: (1) “relevant office-holder” is defined in rule 7.4(2);

s.paragraph/p60 (2) a document required by the Act or these Rules...

s.paragraph/p61 [Note: a document required by the Act or these Rules...

s.paragraph/p62 [Note: a document required by the Act or these Rules...

s.paragraph/p63 [Note: a document required by the Act or these Rules...

s.paragraph/p64 [Note: a document required by the Act or these Rules...

s.paragraph/p65 [Note: a document required by the Act or these Rules...

s.paragraph/p66 [Note: a document required by the Act or these Rules...

s.paragraph/p67 [Note: a document required by the Act or these Rules...

s.paragraph/p68 [Note: a document required by the Act or these Rules...

s.paragraph/p69 [Note: a document required by the Act or these Rules...

s.paragraph/p71 [Note: a document required by the Act or these Rules...

s.paragraph/p72 [Note: a document required by the Act or these Rules...

s.paragraph/wrapper11 Adjournment

s.permission for the petitioner to withdraw Permission for the petitioner to withdraw

s.requirement for approval or authorisation of litig Requirement for approval or authorisation of litigation expenses

s.rule against improper solicitation Rule against improper solicitation

s.sanction of the liquidation committee for making a Sanction of the liquidation committee for making a call

s.substitution of creditor or contributory for petit Substitution of creditor or contributory for petitioner

s.variation of, or addition to, the list Variation of, or addition to, the list

Part 8

INDIVIDUAL VOLUNTARY ARRANGEMENTS (IVA)

19 of 45 sections shown

s.rule 8.10 Order granting a stay Regulated

Other duties (2) — Crown / regulator

Court must specify stay details in insolvency orderTribunal / Court
Courts must include specific details in an order staying insolvency proceedingsTribunal / Court

s.rule 8.11 Hearing of the application Regulated

Other duties (2) — Crown / regulator

Court must consider representations and fix venue for nominee's reportTribunal / Court
Court must hear representations and set follow-up dates for interim ordersTribunal / Court

s.rule 8.13 Action to follow making of an interim order Regulated

Deliver copies of an interim insolvency order to the nomineeApplicant
Deliver copies of interim order to nominee and notified partiesApplicant

s.rule 8.15 Nominee's report on the proposal Regulated

Nominee must file and deliver insolvency proposal reportAny Person
Nominee must file report on IVA proposal with court and deliver to debtorAny Person

s.rule 8.17 Replacement of the nominee (section 256(3)) Regulated

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

s.rule 8.2 Proposal for an IVA: general principles and amendment Regulated

Prepare and authenticate an IVA proposal meeting content requirementsTrader
Prepare and authenticate an Individual Voluntary Arrangement (IVA) proposalTrader

s.rule 8.21 Replacement of the nominee (section 256A(4)) Regulated

Give nominee 5 business days' notice before applying to replace themTrader
Notify the nominee if you intend to apply for their replacementTrader

s.rule 8.22 Consideration of the proposal Regulated

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

s.rule 8.23 Proposals for an alternative supervisor Regulated

Provide credentials for alternative Individual Voluntary Arrangement supervisorsTrader
Provide consent and qualification documents when proposing an alternative insolvency supervisorTrader

s.rule 8.24 Report of the creditors' consideration of a proposal Regulated

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

s.rule 8.25 Hand-over of property, etc. to supervisor Regulated

Transfer assets to the supervisor after IVA approvalTrader
Hand over IVA assets to the supervisor as soon as reasonably practicableTrader

s.rule 8.27 Revocation or suspension of an IVA (section 262) Regulated

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

s.rule 8.28 Supervisor's accounts and reports Regulated

Keep accounts, records and send annual reports to creditors and debtorAny Person
Keep records and issue annual reports as an IVA supervisorAny Person

s.rule 8.35 Notice of order Regulated

Other duties (1) — Crown / regulator

Official receiver must notify creditors of bankruptcy annulmentStatutory regulator

s.rule 8.36 Advertisement of order Regulated

Other duties (2) — Crown / regulator

Official receiver must advertise annulment order on requestStatutory regulator
Official Receiver must advertise bankruptcy annulment upon requestStatutory regulator

s.rule 8.37 Trustee's final account Regulated

Deliver final account to Secretary of State and file with courtTrustee
Trustee must provide final account to the Crown and CourtTrustee

s.rule 8.38 Provision of information Regulated

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

s.rule 8.4 Notice of nominee's consent Regulated

Deliver notice of consent to the debtorAny Person
Send notice of consent to act as an insolvency nomineeAny Person

s.rule 8.8 Application for interim order Regulated

Apply for an interim order for a Voluntary ArrangementTrader
Submit required documents and give notice for interim order applicationApplicant

26 other sections in this Part — procedural and definitional

s.008 Interpretation

s.008 The interim order

s.008 Order extending period of an interim order (section 256(4))

s.008 Order extending period of interim order to enable the creditors to consider the proposal (section 256(5))

s.008 Consideration of the nominee's report

s.008 Court or hearing centre to which applications must be made where no interim order

s.008 Report to the Secretary of State of the approval of an IVA

s.008 Production of accounts and records to the Secretary of State

s.008 Proposal: contents

s.008 Termination or full implementation of the IVA

s.008 Application by the bankrupt to annul the bankruptcy order (section 261(2)(a))

s.008 Application by the official receiver to annul the bankruptcy order (section 261(2)(b))

s.008 Order annulling bankruptcy

s.008 Statement of affairs (section 256 and 256A)

s.008 Application to omit information from statement of affairs delivered to creditors

s.008 Court in which application is to be made

s.additional disclosure for assistance of nominee Additional disclosure for assistance of nominee

s.fees and expenses Fees and expenses

s.nominee's report (section 256a) Nominee's report (section 256A)

s.paragraph/p73 [Note: a document required by the Act or these Rules...

s.paragraph/p74 [Note: a document required by the Act or these Rules...

s.paragraph/p75 [Note: a document required by the Act or these Rules...

s.paragraph/p76 [Note: a document required by the Act or these Rules...

s.paragraph/p77 [Note: a document required by the Act or these Rules...

s.paragraph/p78 [Note: a document required by the Act or these Rules...

s.paragraph/p79 [Note: a document required by the Act or these Rules...

Part 9

DEBT RELIEF ORDERS

6 of 34 sections shown

s.rule 9.10 Contents of debt relief order Regulated

Other duties (2) — Crown / regulator

Debt relief orders must contain specified contentsStatutory regulator
Insolvency Service must issue Debt Relief Orders with specific detailsStatutory regulator

s.rule 9.11 Other steps to be taken by official receiver or debtor upon making of the order Regulated

Other duties (1) — Crown / regulator

Official Receiver must notify intermediaries and register Debt Relief OrdersStatutory regulator

s.rule 9.12 Prescribed information for creditors on making of debt relief order Regulated

Other duties (1) — Crown / regulator

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

s.rule 9.17 Creditor's request that a debt relief order be revoked (section 251L(4)) Regulated

Creditors may request revocation of a Debt Relief OrderTrader

s.rule 9.27 Court's order on application Regulated

Other duties (2) — Crown / regulator

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

s.rule 9.5 Role of approved intermediary Regulated

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

28 other sections in this Part — procedural and definitional

s.009 Refusal of application for debt relief order

s.009 Meaning of “creditor”

s.009 Creditor's objection to a debt relief order (section 251K)

s.009 Official receiver's response to objection under section 251K

s.009 Procedure in revoking or amending a debt relief order (section 251L)

s.009 Debtor's notification of official receiver of matters in section 251J(3) or (5)

s.009 Death of debtor during a moratorium period under a debt relief order

s.009 Notice of application to court under section 251M

s.009 Creditor's bankruptcy petition: creditor consents to making application for a debt relief order

s.009 Extension of moratorium period

s.009 Report of official receiver

s.009 Application for a debt relief order: information required in the application

s.009 Prescribed verification checks: conditions in paragraphs 1 to 8 of Schedule 4ZA of the Act

s.009 Determination of debtor's monthly surplus income

s.009 Determination of value of the debtor's property (paragraph 8 of Schedule 4ZA)

s.009 Property to be excluded in determining the value of a debtor's property

s.application for permission under the company direc Application for permission under the Company Directors Disqualification Act 1986

s.court in which applications under sections 251m or Court in which applications under sections 251M or 251N are to be made

s.debtor's family Debtor's family

s.delivery of application Delivery of application

s.excluded debts Excluded debts

s.paragraph/p80 [Notes: (1) a debt relief order under Part 7A of...

s.paragraph/p81 (2) “approved intermediaries” and “competent authority” are defined in section...

s.paragraph/p82 [Note: a document required by the Act or these Rules...

s.paragraph/p83 [Note: a document required by the Act or these Rules...

s.paragraph/p84 [Note: a document required by the Act or these Rules...

s.paragraph/p85 [Note: a document required by the Act or these Rules...

s.paragraph/p86 [Note: a document required by the Act or these Rules...

Part 10

BANKRUPTCY

53 of 200 sections shown

s.010 Application in relation to the vesting of an interest in a dwelling-house (registered land) Regulated

Other duties (1) — Crown / regulator

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

s.010 Service of statutory demand Regulated

Take reasonable steps to serve a statutory demandTrader

s.010 Proof of service of statutory demand Regulated

File a certificate of service of a statutory demand with your bankruptcy petitionTrader

s.010 Appointment to be gazetted Regulated

Gazette notice of trustee appointment by creditorsTrustee

s.010 Invitation to creditors to form a creditors' committee Regulated

Other duties (1) — Crown / regulator

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

s.010 Vacation of office on completion of bankruptcy (sections 298(8) and 331) Regulated

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

s.010 Security Regulated

Provide security before acting as special manager in bankruptcyAny Person

s.010 Accounting Regulated

Special manager must produce accounts for trustee approvalAny Person

s.court in which petition is to be presented Court in which petition is to be presented Regulated

Present bankruptcy petition to the correct court or hearing centreTrader

s.rule 10.101 Order for public examination requested by creditors Regulated

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

s.rule 10.109 Application for income payments order (section 310) Regulated

Trustee must notify bankrupt of income payments order applicationTrustee
Attend or consent to income payments order hearing if bankruptAny Person

s.rule 10.110 Order for income payments order Regulated

Other duties (1) — Crown / regulator

Courts must include specific details in an Income Payments OrderTribunal / Court

s.rule 10.111 Action to follow making of order Regulated

Other duties (1) — Crown / regulator

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

s.rule 10.113 Order to payer of income: administration Regulated

Comply with income payment orders for bankrupt employeesAny Person
Comply with income payments order and notify trustee of changesAny Person

s.rule 10.117 Variation of income payments agreements Regulated

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

Other duties (1) — Crown / regulator

Notify the bankrupt of an application to vary an income payments agreementStatutory regulator

s.rule 10.119 Making and service of the order Regulated

Other duties (2) — Crown / regulator

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

s.rule 10.132 Application for annulment Regulated

Apply for annulment of bankruptcy order with proper documentation and noticeApplicant
Apply for the annulment of a bankruptcy orderApplicant

s.rule 10.133 Report by trustee Regulated

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

s.rule 10.139 Notice to creditors Regulated

Other duties (1) — Crown / regulator

Official Receiver must notify creditors if a bankruptcy is cancelledStatutory regulator

s.rule 10.140 Other matters arising on annulment Regulated

Other duties (2) — Crown / regulator

Official Receiver must publish bankruptcy annulment notice upon requestStatutory regulator
Official receiver must publish notice of annulment on request from former bankruptCrown / Minister / Government department

s.rule 10.144 Certificate of discharge from bankruptcy order made otherwise than on a bankruptcy application Regulated

Request public notice of your bankruptcy dischargeAny Person

Other duties (1) — Crown / regulator

Court must issue certificate of discharge to former bankruptsTribunal / Court

s.rule 10.154 Contents of petition Regulated

Ensure your bankruptcy petition contains all required detailsApplicant
Provide specific details when petitioning for a bankruptcy orderApplicant

s.rule 10.160 Application by bankrupt for discharge Regulated

Apply for discharge from bankruptcy and pay required costsAny Person
Bankrupt must pay deposit and notify official receiver for discharge applicationAny Person

s.rule 10.163 Deferment of issue of order pending appeal Regulated

Other duties (2) — Crown / regulator

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

s.rule 10.166 Application for redirection order Regulated

Other duties (2) — Crown / regulator

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

s.rule 10.18 Debtor's notice of opposition to petition Regulated

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

s.rule 10.21 Hearing of petition Regulated

Other duties (2) — Crown / regulator

Court must not hear bankruptcy petition before 14 days after service on debtorTribunal / Court
Court must wait 14 days after serving a petition before holding a hearingTribunal / Court

s.rule 10.22 Postponement of hearing Regulated

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

s.rule 10.23 Adjournment of the hearing Regulated

Deliver notice of adjournment of bankruptcy petition hearingApplicant
Notify affected parties of a bankruptcy petition adjournmentApplicant

s.rule 10.24 Decision on the hearing Regulated

Cancel Land Registry entry when bankruptcy petition is dismissed or withdrawnTrader
Ensure bankruptcy petition entries are removed from property registersTrader

s.rule 10.25 Vacating registration on withdrawal of petition Regulated

Other duties (2) — Crown / regulator

Court must deliver sealed copies of withdrawal order to debtorTribunal / Court
Court must provide copies of the order when an insolvency petition is withdrawnTribunal / Court

s.rule 10.29 Change of carriage of petition Regulated

Other duties (2) — Crown / regulator

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

s.rule 10.35 Bankruptcy application for a bankruptcy order Regulated

Submit an accurate and complete bankruptcy applicationTrader
Submit precise information when applying for your own bankruptcyTrader

s.rule 10.39 Determination of the bankruptcy application Regulated

Other duties (1) — Crown / regulator

Adjudicator must decide bankruptcy application within the determination periodStatutory regulator

s.rule 10.46 Application to the Chief Land Registrar Regulated

Other duties (1) — Crown / regulator

Official Receiver must apply to register bankruptcy orders with Land RegistryStatutory regulator

s.rule 10.47 The bankruptcy file Regulated

Other duties (2) — Crown / regulator

Insolvency Service must maintain and share the bankruptcy fileStatutory regulator
Official receiver must maintain bankruptcy file and allow inspectionStatutory regulator

s.rule 10.57 Limited disclosure Regulated

Other duties (2) — Crown / regulator

Official Receiver may apply to restrict disclosure of the bankruptcy detailsStatutory regulator
Official receiver may apply to court to limit disclosure of statement of affairsCrown / Minister / Government department

s.rule 10.63 Delivery of accounts to official receiver Regulated

Deliver financial accounts to the official receiver upon requestAny Person

s.rule 10.66 Reports by the official receiver Regulated

Other duties (2) — Crown / regulator

Official receiver must report on bankruptcy and debtor affairsStatutory regulator
Official receiver must send a report to creditors after bankruptcy orderCrown / Minister / Government department

s.rule 10.67 Appointment by creditors of new trustee Regulated

Manage appointment of new trustee after creditors remove the current oneTrustee
Invite proposals for a new trustee after removing a trustee in bankruptcyTrustee

s.rule 10.68 Certification of appointment Regulated

Other duties (2) — Crown / regulator

Convener/chair must certify trustee appointment for a bankrupt's estateStatutory regulator
Official Receiver must deliver the trustee appointment certificateStatutory regulator

s.rule 10.71 Appointment by the court (section 291A(2)) Regulated

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

Other duties (1) — Crown / regulator

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

s.rule 10.75 Hand-over of bankrupt's estate by official receiver to trustee Regulated

Other duties (2) — Crown / regulator

Official Receiver must hand over bankrupt's estate to a successor trusteeStatutory regulator
Trustee must take over bankrupt's estate and pay official receiver's costsCrown / Minister / Government department

s.rule 10.77 Trustee's resignation and appointment of replacement (section 298(7)) Regulated

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

s.rule 10.78 Decision of creditors to remove trustee (section 298(1)) Regulated

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

s.rule 10.8 Identification of debtor Regulated

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

s.rule 10.81 Removal of trustee by the Secretary of State (section 298(5)) Regulated

Other duties (2) — Crown / regulator

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

s.rule 10.82 Notice of resignation or removal Regulated

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

s.rule 10.83 Release of removed trustee (section 299) Regulated

Apply to the Secretary of State for release if creditors oppose removalTrustee

Other duties (1) — Crown / regulator

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

s.rule 10.84 Deceased trustee Regulated

Notify the official receiver if an insolvency trustee diesTrustee
Notify the official receiver of a trustee's death within 21 daysTrustee

s.rule 10.85 Loss of qualification as insolvency practitioner (section 298(6)) Regulated

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

s.rule 10.86 Release of official receiver on completion of administration (section 299) Regulated

Other duties (2) — Crown / regulator

Official receiver must notify bankrupt and creditors before closing estateStatutory regulator
Official receiver must notify creditors before completing bankruptcy administrationCrown / Minister / Government department

s.rule 10.9 Identification of debt Regulated

Include full debt details in bankruptcy or winding-up petitionsApplicant
Detail debt information when presenting a bankruptcy petitionAny Person

147 other sections in this Part — procedural and definitional

s.010 Verification of petition

s.010 Notice of public examination

s.010 (1) Where the bankrupt is a person who lacks capacity...

s.010 Procedure at public examination

s.010 (1) The court may adjourn the public examination from time...

s.010 Expenses of examination

s.010 Interpretation

s.010 Variation of order

s.010 Interpretation

s.010 Approval of income payments agreements

s.010 Acceptance of income payments agreements

s.010 Application for order

s.010 Procedure for presentation and filing of petition

s.010 Custody of documents

s.010 Interpretation

s.010 Claim by mortgagee of land

s.010 Power of court to order sale

s.010 Duties of bankrupt in relation to after-acquired property

s.010 Trustee's recourse to person to whom property disposed

s.010 Interpretation

s.010 Application for permission

s.010 Report of official receiver

s.010 Application to Chief Land Registrar to register petition

s.010 Court's order on application

s.010 Costs under this Chapter

s.010 Applicant's claim that remuneration or expenses are excessive

s.010 Power of court to stay proceedings

s.010 Notice to creditors who have not proved

s.010 The hearing

s.010 Matters to be proved under section 282(1)(b)

s.010 Service of petition and delivery of copies

s.010 Trustee's final account

s.010 Application for suspension of discharge

s.010 Lifting of suspension of discharge

s.010 Certificate of discharge from bankruptcy order made on a bankruptcy application

s.010 Discharge does not release the bankrupt from any obligation arising—...

s.010 Costs under this Chapter

s.010 Expenses

s.010 General rule as to priority

s.010 The rules in this Chapter relate to the manner in...

s.010 Delivery up to later trustee

s.010 Interim receivership

s.010 Proof of bankruptcy debts and notice of order

s.010 Rules not applying in criminal bankruptcy

s.010 Annulment of criminal bankruptcy order

s.010 Amendment of petition

s.010 Report of official receiver

s.010 Order of discharge

s.010 Amendment of title of proceedings

s.010 Bankrupt's home: property falling within section 283A

s.010 Security for costs

s.010 (1) For the purposes of section 283A(2) the period of...

s.010 Notice by persons intending to appear

s.010 List of appearances

s.010 Non-appearance of petitioning creditor

s.010 (1) Where the petitioner applies to the court for the...

s.010 Delivery and notice of the order

s.010 Application to Chief Land Registrar to register bankruptcy order

s.010 Preliminary

s.010 Procedure for making a bankruptcy application and communication with the adjudicator

s.010 Application to the Chief Land Registrar to register a bankruptcy application

s.010 Verification checks

s.010 Application to set aside statutory demand

s.010 The determination period

s.010 Refusal to make a bankruptcy order and contents of notice of refusal

s.010 Review of refusal to make a bankruptcy order

s.010 Action to follow making of order

s.010 Court to which applications are to be made

s.010 Application for appointment of interim receiver (section 286)

s.010 Deposit

s.010 Security

s.010 Termination of appointment

s.010 Notice requiring statement of affairs (section 288)

s.010 Statement of affairs

s.010 Expenses of assisting bankrupt to prepare statement of affairs

s.010 Application and interpretation

s.010 Delivery of accounts to official receiver

s.010 Preliminary

s.010 Further disclosure

s.010 Contents of petition

s.010 Appointment by the Secretary of State

s.010 Authentication of trustee's appointment

s.010 Procedure on removal by creditors

s.010 Notice to official receiver of intention to vacate office

s.010 Trustee's duties on vacating office

s.010 Rule against improper solicitation

s.010 Enforcement of trustee's obligations to official receiver (section 305(3))

s.010 (1) An application by the interim receiver or trustee under...

s.010 Failure to give or keep up security

s.010 Termination of appointment

s.010 (1) This rule applies to a court order for the...

s.appeal to the court following a review of refusal Appeal to the court following a review of refusal to make a bankruptcy order

s.application Application

s.charging order Charging order

s.contents of bankruptcy order Contents of bankruptcy order

s.cost of the trustee's security (section 390(3)) Cost of the trustee's security (section 390(3))

s.costs under this chapter Costs under this Chapter

s.creditors' decision to appoint a trustee Creditors' decision to appoint a trustee

s.death of debtor before service Death of debtor before service

s.existing trustee's expenses Existing trustee's expenses

s.expenses of preparing accounts Expenses of preparing accounts

s.further disclosure Further disclosure

s.general duty of existing trustee General duty of existing trustee

s.hearing of application to set aside Hearing of application to set aside

s.money provided in lieu of sale Money provided in lieu of sale

s.order for substitution of petitioner Order for substitution of petitioner

s.order of appointment Order of appointment

s.paragraph/p100 [Note: a document required by the Act or these Rules...

s.paragraph/p101 [Note: a document required by the Act or these Rules...

s.paragraph/p102 [Note: a document required by the Act or these Rules...

s.paragraph/p103 [Note: a document required by the Act or these Rules...

s.paragraph/p104 [Note: a document required by the Act or these Rules...

s.paragraph/p105 [Note: a document required by the Act or these Rules...

s.paragraph/p106 [Note: a document required by the Act or these Rules...

s.paragraph/p108 [Note: a document required by the Act or these Rules...

s.paragraph/p109 [Note: a document required by the Act or these Rules...

s.paragraph/p111 [Note: a document required by the Act or these Rules...

s.paragraph/p112 [Note: a document required by the Act or these Rules...

s.paragraph/p87 [Note: a document required by the Act or these Rules...

s.paragraph/p88 [Note: a document required by the Act or these Rules...

s.paragraph/p90 [Note: a document required by the Act or these Rules...

s.paragraph/p91 [Note: a document required by the Act or these Rules...

s.paragraph/p92 [Note: a document required by the Act or these Rules...

s.paragraph/p93 [Note: a document required by the Act or these Rules...

s.paragraph/p94 [Note: a document required by the Act or these Rules...

s.paragraph/p96 [Note: a document required by the Act or these Rules...

s.paragraph/wrapper12 Petitioner seeking dismissal or permission to withdraw

s.paragraph/wrapper13 Application for and order of appointment of special manager (section 370)

s.paragraph/wrapper14 Order for public examination of bankrupt

s.paragraph/wrapper15 Bankrupt unfit for examination

s.paragraph/wrapper16 Adjournment

s.paragraph/wrapper17 Bankrupt's debts surviving discharge

s.paragraph/wrapper18 Scope of this Chapter

s.paragraph/wrapper19 Vesting of bankrupt's estate: substituted period

s.power of the court to set aside certain transactio Power of the court to set aside certain transactions

s.proceeds of sale Proceeds of sale

s.purchase of replacement property Purchase of replacement property

s.removal of trustee by the court (section 298(1)) Removal of trustee by the court (section 298(1))

s.remuneration Remuneration

s.requirement to submit statement of affairs and ext Requirement to submit statement of affairs and extension of time (section 288(3))

s.review of order Review of order

s.rule as to reporting Rule as to reporting

s.settlement and contents of bankruptcy order Settlement and contents of bankruptcy order

s.status and functions of official petitioner Status and functions of Official Petitioner

s.substitution of petitioner Substitution of petitioner

s.the statutory demand (section 268) The statutory demand (section 268)

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

10 of 26 sections shown

s.rule 11.13 Maintenance of the registers and inspection Regulated

Other duties (2) — Crown / regulator

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

s.rule 11.14 Entry of information on the individual insolvency register: IVAs Regulated

Other duties (2) — Crown / regulator

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

s.rule 11.17 Deletion of information from the individual insolvency register: bankruptcy orders Regulated

Other duties (2) — Crown / regulator

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

s.rule 11.2 Application for a bankruptcy or debt relief restrictions order Regulated

Other duties (2) — Crown / regulator

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

s.rule 11.21 Deletion of information from the registers Regulated

Other duties (2) — Crown / regulator

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

s.rule 11.23 Death of a person about whom information is held on a register Regulated

Other duties (2) — Crown / regulator

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

s.rule 11.3 Service of the application on the bankrupt or debtor Regulated

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

s.rule 11.4 The bankrupt's or debtor's evidence opposing an application Regulated

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

s.rule 11.6 Application for an interim bankruptcy or debt relief restrictions order Regulated

Other duties (2) — Crown / regulator

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

s.rule 11.9 Order setting aside an interim order Regulated

Other duties (2) — Crown / regulator

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

16 other sections in this Part — procedural and definitional

s.011 Acceptance of a bankruptcy restrictions or a debt relief restrictions undertaking

s.011 Notification

s.011 Deletion of information from the individual insolvency register: IVAs

s.011 Entry of information on to the individual insolvency register: bankruptcy orders

s.011 Entry of information on to the individual insolvency register: debt relief orders

s.011 Deletion of information from the individual insolvency register: debt relief orders

s.011 Bankruptcy restrictions and debt relief restrictions orders and undertakings: entry of information on the registers

s.011 Rectification of the registers

s.011 Making a bankruptcy or debt relief restrictions order

s.011 Making an interim bankruptcy or debt relief restrictions order

s.011 Application to set aside an interim order

s.application to annul a bankruptcy restrictions or Application to annul a bankruptcy restrictions or a debt relief restrictions undertaking

s.paragraph/p114 [Note: a document required by the Act or these Rules...

s.paragraph/p115 [Note: a document required by the Act or these Rules...

s.paragraph/p116 [Note: a document required by the Act or these Rules...

s.references to the secretary of state References to the Secretary of State

Part 12

COURT PROCEDURE AND PRACTICE

11 of 79 sections shown

s.rule 12.14 Applications under section 176A(5) to disapply section 176A Regulated

Provide witness statement with application to disapply unsecured creditor distributionDirector or Officer
Submit witness statement when applying to skip unsecured creditor paymentsDirector or Officer

s.rule 12.15 Notice of application under section 176A(5) Regulated

Notify other office-holders of section 176A(5) applicationDirector or Officer
Office-holders must notify other office-holders of certain applicationsDirector or Officer

s.rule 12.25 Witness statement in support of application Regulated

Submit a medical witness statement for incapacitated personsApplicant
Support insolvency application for incapacitated person with medical witness statementAny Person

s.rule 12.29 Evidence provided by the official receiver, an insolvency practitioner or a special manager Regulated

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

s.rule 12.38 Action following application for a block transfer order Regulated

Deliver court orders and notify creditors of block transfer appointmentsApplicant
File and notify parties of block transfer ordersApplicant

s.rule 12.40 Office copies of documents Regulated

Other duties (1) — Crown / regulator

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

s.rule 12.44 Costs of officers charged with execution of writs or other process Regulated

Refund disallowed costs to the insolvent estateAny Person

Other duties (1) — Crown / regulator

Insolvency office-holder can challenge enforcement officer costsStatutory regulator

s.rule 12.48 Applications for costs Regulated

Apply for insolvency costs promptly or face rejectionAny Person
Serve court applications for insolvency costs on relevant officialsAny Person

s.rule 12.54 Warrants under sections 134 and 364 Regulated

Other duties (2) — Crown / regulator

Arresting officer and prison governor must manage custody of arrested personStatutory regulator
Arresting officers must hand arrested persons into custody and handle seized propertyCrown / Minister / Government department

s.rule 12.62 Appeals against decisions of the Secretary of State or official receiver Regulated

Appeal a decision made by the Secretary of State or official receiverAny Person
Appeal against a decision of the Secretary of State or official receiver within 28 daysDirector or Officer

s.rule 12.8 Fixing the venue Regulated

Other duties (1) — Crown / regulator

Courts must set a hearing date for insolvency applicationsTribunal / Court

68 other sections in this Part — procedural and definitional

s.012 Court rules and practice to apply

s.012 Notice of an order under section 176A(5)

s.012 Contents of application

s.012 Order for examination etc.

s.012 Performance of functions by the Court

s.012 Procedure for examination

s.012 Costs of proceedings under sections 236, 251N and 366

s.012 Application and interpretation

s.012 Appointment of another person to act

s.012 Witness statements and reports

s.012 General power of transfer

s.012 Proceedings commenced in the wrong court

s.012 Applications for transfer

s.012 Procedure following order for transfer

s.012 Interpretation

s.012 The court file

s.012 Commencement of insolvency proceedings under Parts 7A to 11 of the Act (personal insolvency proceedings; bankruptcy)

s.012 Application of Chapter and interpretation

s.012 Requirement to assess costs by the detailed procedure

s.012 Procedure where detailed assessment is required

s.012 Petitions presented by insolvent companies

s.012 Costs paid otherwise than out of the insolvent estate

s.012 Awards of costs against an office-holder, the adjudicator or the official receiver

s.012 Costs and expenses of petitioners and other specified persons

s.012 Final costs certificate

s.012 Orders enforcing compliance

s.012 Warrants (general provisions)

s.012 Warrants under sections 236, 251N and 366

s.012 Warrants under section 365

s.012 Execution overtaken by judgment debtor's insolvency

s.012 Application of Chapter

s.012 Appeals and reviews of court orders in corporate insolvency

s.012 Procedure on appeal

s.012 Court orders

s.012 Formal defects

s.012 Shorthand writers: nomination etc.

s.012 An application filed with the court in hard-copy form must...

s.012 Service or delivery of application

s.adjournment of the hearing of an application Adjournment of the hearing of an application

s.allocation of proceedings to the london insolvency Allocation of proceedings to the London Insolvency District

s.appeals in bankruptcy by the secretary of state Appeals in bankruptcy by the Secretary of State

s.application for a block transfer order Application for a block transfer order

s.application of this sub-division and interpretatio Application of this sub-division and interpretation

s.commencement of insolvency proceedings under part Commencement of insolvency proceedings under Part A1 to 7 of the Act (corporate insolvency proceedings)

s.consequential transfer of other proceedings Consequential transfer of other proceedings

s.directions Directions

s.enforcement of court orders Enforcement of court orders

s.further information and disclosure Further information and disclosure

s.hearing and determination without notice Hearing and determination without notice

s.hearing in urgent case Hearing in urgent case

s.paragraph/p117 [A document required by the Act or these Rules must...

s.paragraph/p118 [Note: (1) a document required by the Act or these...

s.paragraph/p119 (2) Paragraphs 3 and 4 of Schedule 5 make provision...

s.paragraph/p120 (3) the rules about the applications referred to in rule...

s.paragraph/p122 [Note: a document required by the Act or these Rules...

s.paragraph/p123 [Note: for rules about public examinations see Chapter 13 of...

s.paragraph/p124 [Note: a document required by the Act or these Rules...

s.paragraph/p125 [Note: a document required by the Act or these Rules...

s.paragraph/p126 [Note: a document required by the Act or these Rules...

s.paragraph/p127 [Note: a document required by the Act or these Rules...

s.paragraph/p128 [Note: a document required by the Act or these Rules...

s.paragraph/p129 [Note: a document required by the Act or these Rules...

s.paragraph/p130 [Note: a document required by the Act or these Rules...

s.paragraph/wrapper20 Filing of application

s.power to make a block transfer order Power to make a block transfer order

s.preliminary Preliminary

s.record of examination Record of examination

s.service of notices following appointment Service of notices following appointment

Part 13

OFFICIAL RECEIVERS

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

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

11 of 57 sections shown

s.rule 14.14 Moratorium, administration and winding up: estimate of value of debt Regulated

Office-holder must estimate and notify value of uncertain debtsDirector or Officer
Office-holder must estimate uncertain debts in insolvency proceduresDirector or Officer

s.rule 14.20 Discounts Regulated

Deduct available discounts from your insolvency claimAny Person
Deduct trade discounts from insolvency claimsAny Person

s.rule 14.25 Winding up: mutual dealings and set-off Regulated

Calculate and set off mutual debts during company liquidationTrader
Pay net balance owed to insolvent company after set-off of mutual dealingsTrader

s.rule 14.3 Proving a debt Regulated

Submit a proof of debt to recover money from an insolvent companyTrader

s.rule 14.30 Contents of notice of intention to declare a dividend or make a distribution Regulated

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

s.rule 14.32 Admission or rejection of proofs following last date for proving Regulated

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

s.rule 14.37 Contents of last notice about dividend (administration, winding up and bankruptcy) Regulated

Send final notice to creditors if no dividend can be declaredDirector or Officer
Include specific statements in final insolvency dividend noticesDirector or Officer

s.rule 14.4 Requirements for proof Regulated

Submit a compliant proof of debt in insolvency proceedingsTrader
Submit a formal proof of debt to an insolvency practitionerTrader

s.rule 14.41 Secured creditors Regulated

Adjust dividend payments if your security valuation changesTrader
Repay excess dividend if you revalue your security downwardTrader

s.rule 14.43 Assignment of right to dividend Regulated

Notify office-holder when assigning a dividend rightAny Person
Office-holders must pay dividends to assignees upon noticeDirector or Officer

s.rule 14.6 Allowing inspection of proofs Regulated

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

46 other sections in this Part — procedural and definitional

s.014 (1) This Part applies to decision procedures in respect of...

s.014 Withdrawal or variation of proof

s.014 Exclusion of proof by the court

s.014 (1) This rule applies in an administration and a winding...

s.014 (1) This rule applies in an administration or in a...

s.014 Secured creditor: value of security

s.014 Secured creditor: surrender for non-disclosure

s.014 Secured creditor: redemption by office-holder

s.014 Secured creditor: test of security's value

s.014 Realisation or surrender of security by creditor

s.014 (1) Where a debt proved in insolvency proceedings bears interest,...

s.014 Moratoriums under Part A1 of the Act: mutual dealings and set off

s.014 Administration: mutual dealings and set-off

s.014 Whenever a liquidator in a creditors' voluntary winding up or...

s.014 Gazette notice of intended first dividend or distribution

s.014 Individual notices to creditors etc. of intended dividend or distribution

s.014 Further contents of notice to creditors owed small debts etc.

s.014 Declaration of dividend

s.014 Notice of declaration of a dividend

s.014 (1) When the liquidator in a winding up has realised...

s.014 (1) Where, in an administration or winding up, it is...

s.014 In an administration or winding up, in the calculation and...

s.014 (1) No action lies against the office-holder in an administration...

s.014 Costs of proving

s.014 Office-holder not liable for costs under rule 14.8

s.admission and rejection of proofs for dividend Admission and rejection of proofs for dividend

s.appeal against decision on proof Appeal against decision on proof

s.application of chapter to a particular class of cr Application of Chapter to a particular class of creditors and to distributions

s.debt payable at future time Debt payable at future time

s.debts in foreign currency Debts in foreign currency

s.disqualification from dividend Disqualification from dividend

s.paragraph/p132 [Note: a document required by the Act or these Rules...

s.paragraph/p136 [Note: a document required by the Act or these Rules...

s.paragraph/wrapper21 Application of Part 14 and interpretation

s.paragraph/wrapper22 Administration and winding up by the court: debts of insolvent company to rank equally

s.paragraph/wrapper23 Administration and winding up: division of unsold assets

s.paragraph/wrapper24 Interest

s.paragraph/wrapper25 Declaration and distribution of dividends in a winding up

s.paragraph/wrapper26 Last notice about dividend in a winding up

s.paragraph/wrapper27 Sole or final dividend

s.paragraph/wrapper28 Administration and winding up: provisions as to dividends

s.paragraph/wrapper29 Administration and winding up: non-payment of dividend

s.payments of a periodical nature Payments of a periodical nature

s.postponement or cancellation of dividend Postponement or cancellation of dividend

s.provable debts Provable debts

s.supplementary provisions as to dividends and distr Supplementary provisions as to dividends and distributions

Part 15

DECISION MAKING

15 of 57 sections shown

s.rule 15.10 Venue for decision procedure Regulated

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

s.rule 15.13 Gazetting and advertisement of meeting Regulated

Publicly advertise and 'Gazette' notice of insolvency meetingsAny Person
Publish notice of creditor meeting in The GazetteAny Person

s.rule 15.14 Notice to company officers, bankrupts etc. in respect of meetings Regulated

Attend creditors' meetings when required by the convenerDirector or Officer
Attend creditors' meetings if you are an officer or bankruptDirector or Officer

s.rule 15.19 Expenses and timing of requisitioned decision Regulated

Provide cost estimates and hold requisitioned creditor meetingsAny Person
Convener must handle requisitioned decision requests within specified timescalesAny Person

s.rule 15.23a Adjournment of meeting in, or for the purposes of, a moratorium under Part A1 of the Act Regulated

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

s.rule 15.24 Adjournment of meetings to remove a liquidator or trustee Regulated

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

s.rule 15.38 Complaint Regulated

Meeting chair or convener must investigate and remedy exclusion complaintsAny Person

Other duties (1) — Crown / regulator

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

s.rule 15.40 Record of a decision Regulated

Keep formal records and minutes of insolvency decision proceduresAny Person
Keep records of creditor and contributory decision proceduresDirector or Officer

s.rule 15.42 Remote attendance: notification requirements Regulated

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

s.rule 15.43 Location of company meetings Regulated

Conveners must relocate meetings if requested by enough membersAny Person
Respond to member requests for a physical meeting locationDirector or Officer

s.rule 15.45 Indication to excluded person Regulated

Provide information to persons excluded from a meetingTrader
Provide meeting summary to excluded person on requestAny Person

s.rule 15.5 Virtual meetings Regulated

Include login details and adjournment rules in virtual meeting noticesTrader
Include virtual meeting access details and adjournment statement in creditor noticeTrader

s.rule 15.6 Physical meetings Regulated

Convene and notify creditors of a physical meeting if thresholds are metAny Person
Handle requests for physical meetings in insolvency decision proceduresAny Person

s.rule 15.9 Voting in a decision procedure Regulated

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

s.scheme manager's voting rights Scheme manager's voting rights Regulated

Other duties (1) — Crown / regulator

Scheme manager may submit a statement of obligations for voting purposesStatutory regulator

42 other sections in this Part — procedural and definitional

s.015 Application of Part

s.015 (1) Notices of decision procedures, and notices seeking deemed consent,...

s.015 Notice of decision procedure by advertisement only

s.015 Decisions in winding up of authorised deposit-takers

s.015 (1) In this Chapter, “requisitioned decision” means a decision on...

s.015 Interpretation

s.015 Quorum at meetings

s.015 Chair at meetings

s.015 The chair – attendance, interventions and questions

s.015 Adjournment by chair

s.015 Adjournment in absence of chair

s.015 Proofs in adjournment

s.015 The following decision procedures are prescribed as decision procedures under...

s.015 Calculation of voting rights

s.015 Calculation of voting rights: special cases

s.015 Procedure for admitting creditors' claims for voting

s.015 Action where person excluded

s.015 Indication to excluded person

s.015 Electronic voting

s.015 Company meetings

s.015 Action where person excluded

s.015 Complaint

s.015 (1) This rule makes further provision about the deemed consent...

s.015 Notices to creditors of decision procedure

s.appeals against decisions under this chapter Appeals against decisions under this Chapter

s.claim made in proceedings in other member states Claim made in proceedings in other member States

s.contributories' voting rights and requisite majori Contributories' voting rights and requisite majorities

s.creditors' voting rights Creditors' voting rights

s.decisions on remuneration and conduct Decisions on remuneration and conduct

s.non-receipt of notice of decision Non-receipt of notice of decision

s.paragraph/p142 [Note: a document required by the Act or these Rules...

s.paragraph/p145 [Note: a document required by the Act or these Rules...

s.paragraph/p147 [Note: a document required by the Act or these Rules...

s.paragraph/p148 [Note: a document required by the Act or these Rules...

s.paragraph/p150 [Note: a document required by the Act or these Rules...

s.paragraph/p151 [Note: a document required by the Act or these Rules...

s.paragraph/wrapper30 The prescribed decision procedures

s.paragraph/wrapper31 Deemed consent (sections 246ZF and 379ZB)

s.paragraph/wrapper32 Notice of decision procedures or of seeking deemed consent: when and to whom delivered

s.paragraph/wrapper33 Requisitions of decision

s.requisite majorities Requisite majorities

s.suspension Suspension

Part 16

PROXIES AND CORPORATE REPRESENTATION

5 of 11 sections shown

s.rule 16.4 Use of proxies Regulated

Deliver and manage proxies for insolvency meetingsAny Person
Follow proper proxy rules for insolvency meetingsAny Person

s.rule 16.5 Use of proxies by the chair Regulated

Chair must accept and use proxies in insolvency meetingsAny Person
Chair of insolvency meeting must accept and act on proxies appointing themDirector or Officer

s.rule 16.6 Right of inspection and retention of proxies Regulated

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

s.rule 16.7 Proxy-holder with financial interest Regulated

Do not vote for resolutions that give you a financial benefit from the insolvent estateAny Person
Do not vote on resolutions where you have a financial interestAny Person

s.rule 16.9 Instrument conferring authorisation to represent corporation Regulated

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

6 other sections in this Part — procedural and definitional

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

6 of 40 sections shown

s.rule 17.14 Meetings of committee Regulated

Call and manage liquidation committee meetingsDirector or Officer
Manage committee meetings and give proper noticeDirector or Officer

s.rule 17.15 The chair at meetings Regulated

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

s.rule 17.19 Resolutions by correspondence Regulated

Follow rules for passing committee resolutions by post or emailDirector or Officer
Keep copies of correspondence resolutions with committee recordsDirector or Officer

s.rule 17.25 Dealings by committee members and others Regulated

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

s.rule 17.5 Establishment of committees Regulated

Establish and notify membership of insolvency committeesDirector or Officer
Office-holder must formally notify committee establishment and membershipEmployer

s.rule 17.7 Notice of change of membership of a committee Regulated

Notify changes to committee membershipDirector or Officer
Notify authorities of changes to an insolvency committeeDirector or Officer

34 other sections in this Part — procedural and definitional

s.017 Resignation

s.017 Cessation of liquidation committee in a winding up when creditors are paid in full

s.017 Quorum

s.017 Committee-members' representatives

s.017 Voting rights and resolutions

s.017 Functions of a committee

s.017 Procedure for requests that a place for a meeting should be specified

s.017 (1) This rule applies where— (a) a committee in an...

s.017 (1) This rule applies in relation to a creditors' voluntary...

s.017 Dealings by committee members and others: administration and administrative receivership

s.017 (1) The acts of a creditors' committee or a liquidation...

s.017 Special rule for winding up by the court and bankruptcy: functions vested in the Secretary of State

s.017 (1) A committee in an administration, administrative receivership or a...

s.017 Eligibility for membership of creditors' or liquidation committee

s.017 Liquidation committee established by contributories

s.017 Vacancies: creditor members of creditors' or liquidation committee

s.017 Vacancies: contributory members of liquidation committee

s.expenses of members etc. Expenses of members etc.

s.paragraph/p154 [Note: (1) a document required by the Act or these...

s.paragraph/p155 (2) see sections 215, 362, 363, 365, 371 and 374...

s.paragraph/p157 [Note: a document required by the Act or these Rules...

s.paragraph/p158 [Note: a document required by the Act or these Rules...

s.paragraph/p161 [Note: a document required by the Act or these Rules...

s.paragraph/p163 [Note: a document required by the Act or these Rules...

s.paragraph/wrapper35 Number of members of a committee

s.paragraph/wrapper36 Notice requiring office-holder to attend the creditors' committee (administration and administrative receivership) (paragraph 57(3)(a) of Schedule B1 and section 49(2))

s.paragraph/wrapper37 Office-holder's obligation to supply information to the committee (winding up and bankruptcy)

s.paragraph/wrapper38 Formal defects

s.paragraph/wrapper39 Continuation of creditors' committee

s.remote attendance at meetings of committee Remote attendance at meetings of committee

s.removal Removal

s.scope and interpretation Scope and interpretation

s.termination of membership Termination of membership

s.(unknown) (1) This rule applies where— (a) a winding-up order has...

Part 18

REPORTING AND REMUNERATION OF OFFICE-HOLDERS

6 of 44 sections shown

s.progress reports in voluntary winding up: timing Progress reports in voluntary winding up: timing Regulated

Send progress reports to members, creditors and Companies HouseDirector or Officer

s.progress reports in winding up by the court and ba Progress reports in winding up by the court and bankruptcy: timing Regulated

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

s.rule 18.11 Voluntary winding up: reporting arrangement under section 110 Regulated

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

s.rule 18.22 Application of scale fees where creditors fail to fix the basis of the office-holder's remuneration Regulated

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

s.rule 18.36 Applications under rules 18.34 and 18.35 where the court has given permission for the application Regulated

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

s.rule 18.5 Information about pre-administration costs Regulated

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

38 other sections in this Part — procedural and definitional

s.018 Administration, creditors' voluntary liquidation and compulsory winding up: reporting distribution of property to creditors under rule 14.13

s.018 Members' voluntary winding up: reporting distribution to members other than under section 110

s.018 Bankruptcy proceedings: reporting distribution of property to creditors under section 326

s.018 Contents of final account (winding up) and final report (bankruptcy)

s.018 Application of Chapter

s.018 Remuneration: procedure for initial determination in a members' voluntary winding up

s.018 Reporting by the office-holder

s.018 Remuneration: procedure for initial determination in a creditors' voluntary winding up or a winding up by the court

s.018 Remuneration: procedure for initial determination in a bankruptcy

s.018 Remuneration: application to the court to fix the basis

s.018 Remuneration: administrator, liquidator or trustee seeking increase etc.

s.018 Application for an increase etc. in remuneration: the general rule

s.018 Remuneration: recourse by administrator, liquidator or trustee to the court

s.018 Remuneration: review at request of administrator, liquidator or trustee

s.018 (1) The office-holder's progress report in an administration, winding up...

s.018 Remuneration: exceeding the fee estimate

s.018 Remuneration: apportionment of set fees

s.018 Remuneration: variation of the application of rules 18.29, 18.30 and 18.32

s.018 Remuneration and expenses: application to court by a creditor or member on grounds that remuneration or expenses are excessive

s.018 (1) A bankrupt may, with the permission of the court,...

s.018 Applications under rule 18.34 where the court's permission is not required for the application

s.018 Information about remuneration

s.018 Progress reports in administration: timing

s.018 Creditors' and members' requests for further information in administration, winding up and bankruptcy

s.first exception: administrator has made a statemen First exception: administrator has made a statement under paragraph 52(1)(b) of Schedule B1

s.paragraph/p165 [Note: this Part does not apply to the official receiver...

s.paragraph/p166 [Note: a document required by the Act or these Rules...

s.paragraph/p168 [Note: a document required by the Act or these Rules...

s.paragraph/p169 [Note: a document required by the Act or these Rules...

s.paragraph/wrapper40 Contents of progress reports in administration, winding up and bankruptcy

s.paragraph/wrapper41 Remuneration and expenses: application to court by a bankrupt on grounds that remuneration or expenses are excessive

s.remuneration: new administrator, liquidator or tru Remuneration: new administrator, liquidator or trustee

s.remuneration of a liquidator or trustee who realis Remuneration of a liquidator or trustee who realises assets on behalf of a secured creditor

s.remuneration of joint office-holders Remuneration of joint office-holders

s.remuneration: principles Remuneration: principles

s.remuneration: procedure for initial determination Remuneration: procedure for initial determination in an administration

s.scope of part 18 and interpretation Scope of Part 18 and interpretation

s.second exception: administrator who had applied fo Second exception: administrator who had applied for increase etc. under rule 18.24 becomes liquidator

Part 19

Disclaimer in winding up and bankruptcy

2 of 12 sections shown

s.rule 19.2 Notice of disclaimer (sections 178 and 315) Regulated

Liquidator or trustee must follow disclaimer notice rulesDirector or Officer
Formal requirements for a notice of disclaimer in insolvencyDirector or Officer

s.rule 19.5 Notice of disclaimer in respect of a dwelling house (bankruptcy) (section 318) Regulated

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

10 other sections in this Part — procedural and definitional

s.019 Disclaimer presumed valid and effective

s.019 Application for exercise of court's powers under section 181 (winding up) or section 320 (bankruptcy)

s.019 Notice of disclaimer to interested persons (sections 178 and 315)

s.019 Notice of disclaimer of leasehold property (sections 179 and 317)

s.019 Records

s.019 Application by interested party for decision on disclaimer (sections 178(5) and 316)

s.additional notices of disclaimer Additional notices of disclaimer

s.application for permission to disclaim in bankrupt Application for permission to disclaim in bankruptcy (section 315(4))

s.application of this part Application of this Part

s.paragraph/p171 [Note: a document required by the Act or these Rules...

Part 20

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

0 of 8 sections shown

8 other sections in this Part — procedural and definitional

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 Application of this Part and interpretation

s.bankruptcy and debt relief proceedings (order for Bankruptcy and debt relief proceedings (order for non-disclosure of current address)

s.debt relief application (order for non-disclosure Debt relief application (order for non-disclosure of current address)

s.iva (order for non-disclosure of current address) IVA (order for non-disclosure of current address)

s.paragraph/p172 [Note: a document required by the Act or these Rules...

s.proposed iva (order for non-disclosure of current Proposed IVA (order for non-disclosure of current address)

Part 21

The EU Regulation

0 of 19 sections shown

19 other sections in this Part — procedural and definitional

s.021 Interpretation for this Part

s.021 Powers of an office-holder or member State liquidator in proceedings concerning members of a group of companies (Article 60 of the EU Regulation)

s.021 Group coordination order (Article 68 EU Regulation)

s.021 Delivery of group coordination order to registrar of companies

s.021 Office-holder’s report

s.021 Publication of opening of proceedings by a member State liquidator

s.021 Statement by member State liquidator that insolvency proceedings in another member State are closed etc

s.021 Conversion into winding up proceedings or bankruptcy: application

s.021 Confirmation of creditors' voluntary winding up: court order

s.021 Confirmation of creditors' voluntary winding up: notice to member State liquidator

s.021 Member State liquidator: rules on creditors' participation in proceedings

s.confirmation of creditors' voluntary winding up: a Confirmation of creditors' voluntary winding up: application

s.conversion into winding up proceedings or bankrupt Conversion into winding up proceedings or bankruptcy: court order

s.group coordination proceedings (section 2 of chapt Group coordination proceedings (Section 2 of Chapter 5 of the EU Regulation)

s.main proceedings in another member state: approval Main proceedings in another member State: approval of undertaking offered by the member State liquidator to local creditors in the UK

s.main proceedings in england and wales: undertaking Main proceedings in England and Wales: undertaking by office-holder in respect of assets in another member State (Article 36 of the EU Regulation)

s.paragraph/p173 [Note: a document required by the Act or these Rules...

s.rule 21.7 Proceedings in another member State: duty to give notice

s.the eu regulation The EU Regulation

Part 22

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

0 of 8 sections shown

8 other sections in this Part — procedural and definitional

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

2 of 125 shown

s.003 Punishment of offences under these Rules Prosecution

Falsely claim entitlement to inspect a documentAny Person

Unlimited fine

s.008 Additional information to be provided in the bankruptcy application Prosecution

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

Unlimited fine

123 other schedules

s.002 Transitional and savings provisions

s.005 Calculation of time periods

s.010 Destination of appeals from decisions of District Judges in corporate insolvency matters

s.011 Determination of insolvency office-holder's remuneration

s.sch002 General

s.sch002 Priority of expenses of voluntary arrangements

s.sch002 General powers of liquidator

s.sch002 Fast-track voluntary arrangements

s.sch002 First trustee in bankruptcy

s.sch002 Applications before the court

s.sch002 Forms

s.sch002 Registers

s.sch002 Administrations commenced before 15th September 2003

s.sch002 Set-off in insolvency proceedings commenced before 1st April 2005

s.sch002 Calculating the value of future debts in insolvency proceedings commenced before 1st April 2005

s.sch002 Requirement for office-holder to provide information to creditors on opting out

s.sch002 Obligations arising under family proceedings where bankruptcy order is made on or before 31 March 2005

s.sch002 Insolvency practitioner fees and expenses estimates

s.sch002 Transitional provision for companies entering administration before 6th April 2010 and moving to voluntary liquidation between 6th April 2010 and 8th December 2017 inclusive of those dates

s.sch002 Electronic communication

s.sch002 Statements of affairs

s.sch002 Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence

s.sch002 Savings in respect of final meetings taking place on or after the commencement date

s.sch002 Progress reports and statements to the registrar of companies

s.sch002 Foreign currency

s.sch002 CVA moratoria

s.sch004 (1) This Schedule sets out the requirements for service where...

s.sch004 Service of winding-up petitions

s.sch004 Service of administration application (paragraph 12 of Schedule B1)

s.sch004 Service on joint office-holders

s.sch004 Service of orders staying proceedings

s.sch004 Certificate of service

s.sch005 The rules in CPR 2.8 with the exception of paragraph...

s.sch005 (1) This paragraph applies for the calculation of periods expressed...

s.sch005 The provisions of CPR rule 3.1(2)(a) (the court's general powers...

s.sch005 Paragraph 3 is subject to any time limits expressly stated...

s.sch005 [Note: section 376 of the Act contains a power for...

s.sch006 [Note: where the entry “London Insolvency District” appears in this...

s.sch007 Debtor's title.

s.sch007 Whether the debtor is— (a) single; (b) married;

s.sch007 All occupants of the debtor's household and in relation to...

s.sch007 Any other person dependent on the debtor and in relation...

s.sch007 Debtor's occupation (if any).

s.sch007 Debtor's employment status.

s.sch007 Where the debtor is employed— (a) date when the debtor...

s.sch007 Where the debtor is unemployed— (a) date when the debtor...

s.sch007 Where the debtor has worked for any previous employers during...

s.sch007 Where the debtor is, or has been, self-employed other than...

s.sch007 Where the debtor traded in a partnership at any time...

s.sch007 Debtor's identification details.

s.sch007 Where the debtor is, or has been, a director or...

s.sch007 In respect of each creditor— (a) name and address;

s.sch007 Where the debtor has an interest in a property, in...

s.sch007 Where the debtor is, or has been in the five...

s.sch007 Where the debtor is involved in proceedings, other than proceedings...

s.sch007 Total value of assets.

s.sch007 Total value of liabilities.

s.sch007 Debtor's net monthly income from all sources.

s.sch007 Debtor's monthly surplus income calculated by reference to paragraphs 23...

s.sch007 Any previous name or other names by which the debtor...

s.sch007 Debtor's contact telephone number.

s.sch007 Debtor's email address (if any).

s.sch007 Debtor's date of birth.

s.sch007 Debtor's National Insurance number.

s.sch007 Debtor's gender.

s.sch007 Any previous address at which the debtor has resided during...

s.sch008 Where in the five years preceding the date on which...

s.sch008 Where the debtor is or has been self-employed (other than...

s.sch008 Where the debtor is or has been self-employed (including a...

s.sch008 The nature and value of each asset belonging to the...

s.sch008 Where any asset is owned jointly with another person—

s.sch008 Where any asset is subject to the rights of any...

s.sch008 Where the debtor holds or has held in the last...

s.sch008 Where the debtor owns a motor vehicle or has disposed...

s.sch008 Where the debtor regularly uses a motor vehicle that the...

s.sch008 Where the debtor owns any property consisting of land or...

s.sch008 Where the debtor rents or leases a property, in respect...

s.sch008 Where in the five years preceding the date on which...

s.sch008 Where the debtor has an interest in any other property,...

s.sch008 Where the debtor resides at a property in which the...

s.sch008 Where the debtor has or has held within the five...

s.sch008 Debtor's total annual income from all sources, the sources of...

s.sch008 Total annual household income from all sources, the sources of...

s.sch008 Current (or last) income tax reference number.

s.sch008 Monthly national insurance.

s.sch008 Mean monthly tax.

s.sch008 Where the debtor has any current attachment of earnings orders...

s.sch008 Particulars of the debtor's mean monthly expenditure which the debtor...

s.sch008 Where the debtor has been made bankrupt in the two...

s.sch008 Particulars of the debtor's monthly expenditure not otherwise provided under...

s.sch008 Where an enforcement officer or enforcement agent has visited the...

s.sch008 Why the debt was incurred.

s.sch008 Date when the debtor first experienced difficulty in paying some...

s.sch008 Reasons for the debtor not having enough money to pay...

s.sch008 Where the debtor has gambled any money through betting or...

s.sch008 Where the debtor has entered into a debt relief order...

s.sch008 Where the debtor has, or has had, an IVA in...

s.sch008 Where the debtor has, or has had, an arrangement in...

s.sch008 Where a solicitor has acted for or on behalf of...

s.sch008 Where an accountant, book keeper or other financial adviser has...

s.sch008 Where the debtor traded in a partnership at any time...

s.sch009 Title of the debtor.

s.sch009 Total value of assets.

s.sch009 Total value of liabilities.

s.sch009 Where in the five years preceding the date of the...

s.sch009 Where any asset is owned jointly with another person, the...

s.sch009 Where any asset is subject to the rights of any...

s.sch009 Where the debtor owns a motor vehicle or has disposed...

s.sch009 Where the debtor regularly uses a motor vehicle that the...

s.sch009 Where the debtor owns or has an interest in any...

s.sch009 Where the debtor holds or has held within the five...

s.sch009 Debtor's net monthly income from all sources.

s.sch009 Debtor's identification details.

s.sch009 Debtor's monthly surplus income after taking into account any contribution...

s.sch009 Current (or last) income tax reference number.

s.sch009 In respect of each creditor— (a) name and address;

s.sch009 Any previous name or other names by which the debtor...

s.sch009 Any previous address at which the debtor has resided at...

s.sch009 Name and address for each creditor.

s.sch009 Amount each creditor claims is due.

s.sch009 Debtor's occupation (if any).

s.sch009 Debtor's employment status.

s.sch009 Where the debtor is, or has been, self-employed other than...

s.007 Review Regulated

Other duties (1) — Crown / regulator

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

20 other provisions

rule n1 Application of Chapter

sch. 4 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...

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Understand your options when your company faces financial difficulty - from rescue procedures to formal insolvency, your duties as a director, and …

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Insolvency (England and Wales) Rules 2016

Does it bind you?

Other Acts binding the same actors

What it requires

SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS

MORATORIUMS

COMPANY VOLUNTARY ARRANGEMENTS (CVA)

ADMINISTRATION

RECEIVERSHIP

MEMBERS' VOLUNTARY WINDING UP

CREDITORS' VOLUNTARY WINDING UP

WINDING UP BY THE COURT

INDIVIDUAL VOLUNTARY ARRANGEMENTS (IVA)

DEBT RELIEF ORDERS

BANKRUPTCY

BANKRUPTCY AND DEBT RELIEF RESTRICTIONS ORDERS AND UNDERTAKINGS AND THE INSOLVENCY REGISTERS

COURT PROCEDURE AND PRACTICE

OFFICIAL RECEIVERS

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

DECISION MAKING

PROXIES AND CORPORATE REPRESENTATION

CREDITORS' AND LIQUIDATION COMMITTEES

REPORTING AND REMUNERATION OF OFFICE-HOLDERS

Disclaimer in winding up and bankruptcy

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

The EU Regulation

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

Schedules

Help complying

Explore business rescue and insolvency options

Sell your business

Close your company