Corporate Insolvency - table of destinations

PART  1 COMPANY VOLUNTARY ARRANGEMENTS

CHAPTER 1 PRELIMINARY

Scope of this part, interpretation

1.1

1.1,1.2

CHAPTER  1A THE GIVING OF NOTICE AND THE SUPPLY OF DOCUMENTS

Application

1.1A

1.32

Electronic Delivery

1.1B

1.41, 1.42,1.43

Use of websites by nominee or supervisor

1.1C

1.44, 1.46

Special provision on account of expense as to website use

1.1D

1.45, 1.46

CHAPTER 2  PROPOSAL BY DIRECTORS

Preparation of proposal

Revoked

-

Contents of proposal

1.3

2.2,2.3

Notice to intended nominee

1.4

2.4 (in part)

Statement of affairs

1.5

2.5

Additional disclosure for assistance of nominee

1.6

2.7

Nominee’s report on the proposal

1.7

2.8

Replacement of nominee

1.8

2.9

Summoning of meetings under section 3

1.9

2.24, 2.25,2.26

CHAPTER  3 PROPOSAL BY ADMINISTRATOR OR LIQUIDATOR WHERE HE IS THE NOMINEE

Preparation of proposal

1.10

2.2,2.3

Summoning of meetings under section 3

1.11

2.24

CHAPTER  4 PROPOSAL BY ADMINISTRATOR OR LIQUIDATOR WHERE ANOTHER INSOLVENCY PRACTITIONER IS THE NOMINEE

Preparation of proposal and notice to nominee

1.12

2.4

CHAPTER 5 MEETINGS

General

Revoked

-

Summoning of meetings

1.14

2.24, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7

Remote attendance at meetings

1.14ZA

5.6

The chairman at meetings

1.14A

2.33, 5.20

Chairman of meeting as proxy holder

1.14AA

6.4, 6.5

Attendance by company officers

1.15

2.29, 5.14

Entitlement to vote (creditors)

1.15A

5.26, 5.27, 5.28

Entitlement to vote (members)

1.15AA

2.34

Procedure for admission of creditors’ claims for voting purposes

1.15B

5.30, 5.32

1.16

5.22, 5.25

Requisite majorities at creditors’ meetings

1.16A

5.31

Requisite majorities at company meetings

1.16B

5.35

Action where person excluded

1.16C

5.33, 5.40

Indication to excluded person

1.16D

5.34, 5.41

Complaint

1.16E

5.35, 5.42

Report of meetings

1.17

1.22

CHAPTER 6 IMPLEMENTATION OF THE VOLUNTARY ARRANGEMENT

Resolutions to follow approval

1.18

2.32

Notice to follow order made under section 4A(6)

1.18A

2.36

Hand-over of property, etc. to supervisor

1.19

2.38

Revocation or suspension of the arrangement

1.20

2.39

Supervisor’s accounts

1.21

2.40

Supervisor’s reports

1.21A

2.40

Fees, costs, charges and expenses

1.22

2.42

Completion or termination of the arrangement

1.23

2..43

False representations, etc.

Revoked

-

CHAPTER 7 OBTAINING A MORATORIUM -  PROCEEDINGS DURING A MORATORIUM - NOMINEES - CONSIDERATION OF PROPOSALS WHERE MORATORIUM OBTAINED

SECTION A OBTAINING A MORATORIUM

Preparation of a proposal by directors and submission to nominee

1.25

2.2,2.3

Delivery of documents to the intended nominee etc.

1.26

1.36 (in part)

Statement of affairs

1.27

2.10,2.11

The nominee’s statement

1.28

2.12

Documents submitted to the court to obtain moratorium

1.29

2.13

Notice and advertisement of beginning of moratorium

1.30

2.14

Notice of extension of moratorium

1.31

2.16, 2.17

Notice and advertisement of end of moratorium

1.32

2.18

Inspection of court file

1.33

1.49-1.51

SECTION B PROCEEDINGS DURING A MORATORIUM

Disposal of charged property etc. during a moratorium

1.34

2.19

SECTION C NOMINEES

Withdrawal of nominee’s consent to act

1.35

2.20

Replacement of nominee by the court

1.36

2.21

Notification of appointment of a replacement nominee

1.37

2.22

Applications to court under paragraph 26 or 27 Schedule A1 to the Act

1.38

2.23

SECTION D -CONSIDERATION OF PROPOSALS WHERE MORATORIUM OBTAINED

General

1.39

2.24

Summoning of meetings; procedure at meetings etc.

1.40

2.24, 2.25, 2.26, Part 5 generally

Entitlement to vote (creditors)

1.41

5.26

Procedure for admission of creditors claims for voting purposes

1.42

5.30, 5.32

Requisite majorities (creditors)

1.43

5.31

Proceedings to obtain agreement on the proposal

1.44

5.22, 5.25

Implementation of the arrangement

1.45

2.38

CHAPTER 8 EU REGULATION – CONVERSION OF VOLUNTARY ARRANGEMENT INTO WINDING UP

Application for conversion into winding up

1.46

7.2

Contents of affidavit

1.47

7.2

Power of court

1.48

7.3

CHAPTER 9 EU REGULATION – MEMBER STATE LIQUIDATOR

Notice to member State liquidator

1.49

7.4

CHAPTER 10 CHAPTER 10

Omission of information from statement of affairs

1.50

2.6

PART 2 ADMINISTRATION PROCEDURE

CHAPTER 1 PRELIMINARY

Introductory and interpretation

2.1

3.1

CHAPTER 2  APPOINTMENT OF ADMINISTRATOR BY COURT

Form of application

2.2

3.2, 3.3

Service of petition

2.3

3.6

Application to appoint specified person as administrator by holder or qualifying  floating charge

2.4

3.9

Application where company in liquidation

2.5

3.6

Expenses

2.6

3.15

Administration orders where company in liquidation

2.7

3.12

Notice of dismissal of application for an administration order

2.8

3.14

CHAPTER 3 APPOINTMENT OF ADMINISTRATOR BY HOLDER OF FLOATING CHARGE

Notice of intention to appoint

2.9

3.16

Applicable law

2.9A

Repealed

Entitlement to vote

2.9B

Repealed

Notice of appointment

2.10

3.17

Notice to administrator

2.11

3.18

Appointment taking place out of court business hours

2.12

3.20-3.22

CHAPTER 4 APPOINTMENT OF ADMINISTRATOR BY COMPANY OR DIRECTORS

Notice of intention to appoint

2.13

3.23

Timing of statutory declaration

2.14

3.23

Resolution or decision to appoint

2.15

3.23

Notice of appointment

2.16

3.24

Appointment where no notice of intention to appoint has been given

2.17

3.26

Notice to administrator

2.18

3.18

CHAPTER 5 PROCESS OF ADMINISTRATION

CHAPTER 5 PROCESS OF ADMINISTRATION

Notification and advertisement of administrator’s appointment

2.19

3.27

Notice requiring statement of affairs

2.20

3.29

Statements of affairs and statements of concurrence

2.21

3.31

Limited disclosure

2.22

3.44-3.47

Release from duty to submit statement of affairs; extension of time

2.23

3.33

Expenses of statement of affairs

2.24

3.34

Administrator’s proposals

2.25

3.35, 3.36, 3.37

Limited disclosure of paragraph 49 statement

2.25A

3.44-3.47

PART 3 RECEIVERSHIP

CHAPTER 1 APPOINTMENT

Acceptance of Appointment

3.1

2.1, 2.2

CHAPTER 2 STATEMENT OF AFFAIRS

Notice requiring statement of affairs

3.2

2.7, 2.8

Limited disclosure of the statement of affairs

3.2A

2.11

Expenses of statement of affairs

3.3

2.10

CHAPTER 3 THE CREDITORS’ COMMITTEE

Constitution of committee

3.4

10.3, 10.4

Functions of the committee

3.5

10.2

Application of provisions relating to liquidation committee

3.6

Part 10

Information from receiver

3.7

10.22

Members’ dealings with the company

3.8

10.26

Prescribed Part

3.8A

2.20

CHAPTER 4 MISCELLANEOUS

Abstract of receipts and payments

3.9

2.16

Electronic measures – application

3.9A

Part 1 - Chapter 9

Electronic delivery

3.9B

Part 1 - Chapter 9

Electronic delivery by receivers etc.

3.9C

Part 1 - Chapter 9

Receiver deceased

3.10

2.18

Vacation of office

3.11

2.19

CHAPTER 5 VAT BAD DEBT RELIEF

Issue of certificate of insolvency

3.12

n/a

Notice to creditors

3.13

n/a

Preservation of certificate with company’s records

3.14

n/a

PART 4 WINDING UP BY THE COURT

CHAPTER 1 PROVISIONAL LIQUIDATOR

Appointment of provisional liquidator

4.1

5.4

Order of appointment

4.2

5.5, 5.6, 5.7

Caution                                                   

4.3

5.8

Failure to find or to maintain caution

4.4

5.8

Remuneration

4.5

5.9

Termination of appointment

4.6

5.10

CHAPTER 2 STATEMENT OF AFFAIRS

Notice requiring statement of affairs

4.7

5.12

Form of the statement of affairs

4.8

5.13

Limited disclosure of the statement of affairs

4.8A

5.16

Expenses of statement of affairs

4.9

5.15

Information to creditors and contributories

4.10

5.20, Part 7 Chapter 1

Information to registrar of companies

4.11

7.4, 7.8, 7.9, Part 1 Chapter 7

SECTION E: SUPPLEMENTARY PROVISIONS

Liquidator deceased

4.36

5.30

Loss of qualification as insolvency practitioner

4.37

5.31, 5.32

Power of court to set aside certain transactions

4.38

5.38

Rule against solicitation

4.39

5.39

CHAPTER 7 THE LIQUIDATION COMMITTEE

Preliminary

4.40

n/a

Membership of committee

4.41

10.3, 10.4

Formalities of establishment

4.42

10.5, 10.7

Committee established by contributories

4.43

10.6

Obligations of liquidator to committee

4.44

10.23

Meetings of the committee

4.45

10.14

The chairman at meetings

4.46

10.15

Quorum

4.47

10.16

Committee members’ representatives

4.48

10.17

Resignation

4.49

10.10

Termination of membership

4.50

10.11

Removal

4.51

10.12

Vacancy (creditor members)

4.52

10.8

Vacancy (contributory members)

4.53

10.9

Voting rights and resolutions

4.54

10.18

Resolutions by post

4.55

10.19

Liquidator’s reports

4.56

10.23

Expenses of members, etc.

4.57

10.24

Dealings by committee – members and others

4.58

10.25,

Composition of committee when creditors paid in full

4.59

10.13

Formal defects

4.59A

10.27

CHAPTER 8 THE LIQUIDATION COMMITTEE WHERE WINDING UP FOLLOWS IMMEDIATELY ON ADMINISTRATION

Preliminary

4.60

10.29

Continuation of creditors’ committee

4.61

10.29

Membership of committee

4.62

10.29

Liquidator’s certificate

4.63

10.29

Obligations of liquidator to committee

4.64

10.23

Application of Chapter 7

4.65

n/a [Refer to main committee rules above – Ch 7]

CHAPTER 9 DISTRIBUTION OF COMPANY’S ASSETS BY LIQUIDATOR

Order of priority in distribution

4.66

7.27

Order of priority of expenses of liquidation

4.67

7.28, 7.29, 7.30

Estate to be distributed in respect of the accounting periods

4.68

7.31

Payment of dividends

4.68A

7.32

Unclaimed dividends

4.68B

7.33

CHAPTER 10 SPECIAL MANAGER

Appointment and remuneration

4.69

5.41

Caution

4.70

5.42

Failure to find or to maintain caution

4.71

5.43

Accounting

4.72

5.44

Termination of appointment

4.73

5.45

CHAPTER 11 PUBLIC EXAMINATION OF COMPANY OFFICERS AND OTHERS

Notice of order for public examination

4.74

5.49

Order on request by creditors or contributories

4.75

5.46, 5.47, 5.48

CHAPTER 12 MISCELLANEOUS

Electronic measures  - application

4.75A

1.32

Electronic delivery

4.75B

1.41

Electronic delivery by liquidators etc.

4.75C

1.43

Limitation

4.76

5.54

Dissolution after winding up

4.77

5.55

CHAPTER 13 COMPANY WITH PROHIBITED NAME

Preliminary

4.78

12.1

Application for leave under section 216(3)

4.79

12.3

First excepted case

4.80

12.4

Second excepted case

4.81

12.6

Third excepted case

4.82

12.7

CHAPTER 14 EU REGULATION – MEMBER STATE LIQUIDATOR

Interpretation of creditor and notice to member State Liquidator 

4.83

11.7, 11.8

CHAPTER 15 EU REGULATION – CREDITORS’ VOLUNTARY WINDING UP – CONFIRMATION BY THE COURT

Application for confirmation

4.84

11.4, 11.5

Notice to member State liquidator and creditors in member states

4.85

11.6

PART 5 CREDITORS’ VOLUNTARY WINDING UP

Application of Part 4

5

n/a

PART 6 MEMBERS’ VOLUNTARY WINDING UP

Application of Part 4

6

n/a

PART 7 PROVISIONS OF GENERAL APPLICATION

CHAPTER 1 MEETINGS

Scope of Chapter 1

7.1

n/a

Summoning of meetings

7.2

8.10

Notice of meeting

7.3

8.8, 8.11, 8.12, 8.13

Additional notices in certain cases

7.4

8.17

Chairman of meetings

7.5

8.21

Meetings requisitioned

7.6

8.18, 8.19

Quorum

7.7

8.20

Adjournment

7.8

8.23, 8.25, 8.26

Entitlement to vote (creditors)

7.9

8.28

Entitlement to vote (members and contributories)

7.10

8.39

Chairman of meeting as proxy holder

7.11

9.5

Resolutions

7.12

8.16, 8.34, 4.18, 5.24

Report of meeting

7.13

8.40

CHAPTER 1A PRESCRIBED PART

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

7.13A

n/a

Notice of order under section 176A(5)

7.13B

n/a

CHAPTER 2 PROXIES AND COMPANY REPRESENTATION

Definition of ‘proxy’

7.14

9.1, 9.2

Form of proxy

7.15

9.3

Use of proxy at meeting

7.16

9.4, 9.5

Retention of proxies

7.17

9.6

Right of inspection

7.18

9.6

Proxy-holder with financial interest

7.19

9.7

Representation of corporations

7.20

9.8

Interpretation of creditor

7.20A

8.30, 11.8

CHAPTER 2A THE EU REGULATION

Main proceedings in Scotland: undertaking by office-holder in respect of assets in another member State (Article 36 of the EU Regulation)

7.20B

11.9

Main proceedings in another member State: approval of undertaking offered by the member State liquidator to local creditors in the UK

7.20C

11.10

Powers of an office-holder or member State liquidator in proceedings concerning members of a group of companies (Article 60 of the EU Regulation)

7.20D

11.11

Group coordination proceedings (Section 2 of Chapter 5 of the EU Regulation)

7.20E

11.12

Group coordination order  (Article 68  EU Regulation)

7.20F

11.13

Delivery of group coordination order to registrar of companies

7.20G

11.14

Office holder’s report

7.20H

11.15

Publication of opening proceedings by a member State liquidator

7.20I

11.16

Statement by member State liquidator that insolvency proceedings in another member State are closed etc.

7.20J

11.17

CHAPTER 3 MISCELLANEOUS

Giving of notices, etc.

7.21

Part 1

Contents of notices to be published in the Edinburgh Gazette under the Act or Rules

7.21A

1.11, 1.12

Notices otherwise advertised under the Act or Rules

7.21B

1.14

Notices otherwise advertised – other additional provision

7.21C

1.15

Omission of unobtainable information

7.21D

n/a

Sending by post

7.22

1.38

Certificate of giving notice, etc.

7.23

1.47

Validity of proceedings

7.24

8.15

Evidence of proceedings at meetings

7.25

n/a

Right to list of creditors and copy documents

7.26

1.52

Confidentiality of documents

7.27

1.53

Insolvency  practitioner’s caution

7.28

7.28

Punishment of offences

7.29

Section 5 & Schedule 3

Forms for use in insolvency proceedings

7.30

1.9, 1.10 [Reference is to prescribed content rather than forms]

Electronic submission of information instead of submission of forms to the Secretary of State, office-holders, and of copies to the registrar of companies 

7.30A

Part 1

Electronic submission of information instead of submission of forms in all other cases

7.30B

Electronic submission: exceptions

7.30C

Fees, expenses, etc.

7.31

n/a

Power of court to cure defects in procedure

7.32

1.56

Sederunt book

7.33

1.54, Schedule 4

Disposal of company’s books, papers and other records

7.34

1.55

Information about time spent on a case – administration and company voluntary arrangements

7.35

n/a

Information about time spent on a case

7.36

n/a

CREDITORS' VOLUNTARY WINDING UP (INCLUDING PART 4 AND MODIFICATIONS UNDER SCHEDULE 1)

CHAPTER 2 STATEMENT OF AFFAIRS

Notice requiring statement of affairs

4.7  (Sch 1)

4.2, 4.3

Form of the statement of affairs

4.8 (Sch 1)

4.2, 4.3, 4.4

Limited disclosure of the statement of affairs

4.8A (Sch 1)

4.6

Expenses of statement of affairs

4.9 (Sch 1)

4.7

Chapter 3  Information

Information to creditors and contributories

4.10 (Sch 1)

4.15

Information to registrar of companies

4.11

7.4, 7.7, 7.9

CHAPTER 4  MEETINGS OF CREDITORS AND CONTRIBUTORIES

Other meetings

4.13

7.4, 7.7, 7.9

Attendance at meetings of company's personnel

4.14

8.14, 8.22

Expenses of meeting under section 98

4.14A (Sch 1)

n/a

CHAPTER 5 CLAIMS IN LIQUIDATION

Submission of claims

4.15 (Sch 1)

7.16, 8.30, 8.31

False claims or evidence

4.16

7.17, Schedule 3

Evidence of Claims

4.16A

7.18, Schedule 3

Adjudication of claims

4.16B

7.19

Entitlement to vote and draw a dividend

4.16C

7.20, 8.30, 8.31

Liabilities and rights of co-obligants

4.16D

7.21

Amount which may be claimed generally

4.16E  (Sch 1)

7.22

Debts depending on contingency

4.16F

7.23

Secured debts

4.16G (Sch 1)

7.24

Claims in foreign currency

4.17

7.25

Chapter 6 The Liquidator

SECTION A: APPOINTMENT AND FUNCTIONS OF LIQUIDATOR

Appointment of liquidator by the court

4.18 (Sch 1)

4.22

Appointment by creditors or contributories

4.19 (Sch 1)

4.20

Authentication of liquidator's appointment

4.20

n/a

Hand–over of assets to liquidator

4.21

4.31

Taking possession and realisation of the company's assets

4.22

4.32

Realisation of the company's heritable property

4.22A

4.33

SECTION B: REMOVAL AND RESIGNATION; VACATION OF OFFICE

Summoning of meeting for removal of liquidator

4.23 (Sch 1)

8.18, 8.8, 8.24

Procedure on liquidator's removal

4.24 (Sch 1)

4.24

Release of liquidator on removal

4.25 (Sch 1)

4.29

Removal of liquidator by the court

4.26

4.25

Power to make a block transfer of cases

4.26A

6.1

Application for block transfer order

4.26B

6.2

Action following application for a block transfer order

4.26C

6.3

Advertisement of removal

4.27

6.3, 4.22

Resignation of liquidator

4.28 (Sch 1)

4.23

Action following acceptance of liquidator's resignation

4.29 (Sch 1)

4.23

Leave to resign granted by the court

4.30

n/a

SECTION C: RELEASE ON COMPLETION OF WINDING UP

Final Meeting

4.31 (Sch 1)

4.30, 7.9

SECTION D: OUTLAYS AND REMUNERATION

Determination of amount of outlays and remuneration

4.32

7.11, 7.12

Recourse of liquidator to meeting of creditors

4.33

7.13

Recourse to the court

4.34

7.14

Creditors' claim that remuneration is excessive

4.35

7.15

SECTION E: SUPPLEMENTARY PROVISIONS

Liquidator deceased

4.36 (Sch 1)

4.26

Loss of qualification as insolvency practitioner

4.37 (Sch 1)

4.27

Vacation of office on making of winding up order

4.37A (Sch 1)

4.28

Power of court to set aside certain transactions

4.38

4.34

Rule against solicitation

4.39

4.35

Chapter 7 The liquidation committee

Membership of committee

4.41 (Sch 1)

10.3, 10.4

Formalities of establishment

4.42

10.5

Obligations of liquidator to committee

4.44

10.23

Meetings of the committee

4.45

10.14

The chairman at meetings

4.46

10.15

Quorum

4.47 (Sch 1)

10.16

Committee members' representatives

4.48

10.17

Resignation

4.49

10.10

Termination of membership

4.50

10.11

Removal

4.51

10.12

Vacancy (creditor members)

4.52

10.8

Vacancy (contributory members)

4.53 (Sch 1)

10.9

Voting rights and resolutions

4.54 (Sch 1)

10.18

Resolutions by post

4.55 (Sch 1)

10.19

Liquidator's reports

4.56

10.23

Expenses of members, etc.

4.57

10.24

Dealings by committee–members and others

4.58

10.25

Composition of committee when creditors paid in full

4.59

10.13

Formal defects

4.59A

10.27

Chapter 9 Distribution of company's assets by liquidator

Order of priority in distribution

4.66 (Sch 1)

7.27

Order of priority of expenses of liquidation

4.67

7.28, 7.30

Estate to be distributed in respect of the accounting periods

4.68 (Sch 1)

7.31

Payment of dividends

4.68A

7.32

Unclaimed dividends

4.68B

7.33

Chapter 10 Special manager

Appointment and remuneration

4.69

4.37

Caution

4.70 (Sch 1)

4.38

Failure to find or to maintain caution

4.71 (Sch 1)

4.39

Accounting

4.72

4.40

Termination of appointment

4.73

4.41

Chapter 12 (Miscellaneous)

Electronic measures - application

4.75A (Sch 1)

1.32

Electronic delivery

4.75B

1.41

Electronic delivery by liquidators etc.

4.75C

1.43

Limitation

4.76

n/a

CHAPTER 13 COMPANY WITH PROHIBITED NAME

Preliminary

4.78

12.1

Application for leave under section 216(3)

4.79

12.3

First excepted case

4.80

12.4

Second excepted case

4.81

12.6

Third excepted case

4.82

12.7

CHAPTER 14  EU REGULATION  — MEMBER STATE LIQUIDATOR

Interpretation of creditor and notice to member State liquidator

4.83

11.7, 11.8

CHAPTER 15 EU REGULATION  — CREDITORS' VOLUNTARY WINDING UP — CONFIRMATION BY THE COURT

Application for confirmation

4.84

11.4, 11.5

SCHEDULE 3 DEPOSIT PROTECTION BOARD'S VOTING RIGHTS

1

8.17,8.32

2

3

4

5

6