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Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)

This guidance describes the general functions of Accountant in Bankruptcy, interim trustees, trustees and commissioners in relation to their responsibilities regarding bankruptcies which started on or after 30 November 2016.

13.15 Intimation of the determination to the debtor and creditors

The trustee must ensure any changes made by AiB, or the Commissioner(s), have been incorporated into the account before issuing the notification.

Upon receipt, the trustee must notify the debtor and creditors of each determination issued by AiB, or the commissioners. The notification must include the following information:

  • the precise accounting period as detailed in the determination
  • if the determination includes an adjustment of a previous account period determination, the precise account period the adjustment has been made to
  • details of the remuneration and outlays fixed, together with the amount of VAT eligible
  • the Accountant’s fees (if appropriate) which can be found on the relevant account on BASYS
  • information regarding rights of appeal, i.e. to the Accountant or the sheriff as appropriate, and the time limits for lodging such an appeal
  • advise the audited accounts and scheme of division, if appropriate, together with the determination are available for inspection by arrangement

A copy of the notification should be uploaded to the relevant account in BASYS, together with a certificate of posting to be included in the electronic Sederunt Book.

The trustee may wish to not take their remuneration until the expiry of the appeal period to avoid the necessity of repaying the estate should there be a successful appeal.

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