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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.

18.2 Sederunt book and other documents

The trustee shall maintain a Sederunt Book for the purpose of providing an accurate record of the bankruptcy process, under section 50(1)(e) of the Act.

The trustee has discretion not to insert confidential documents into the Sederunt Book, for example, Counsel’s Opinion on a matter relating to a claim by a creditor, under Section 210(6) of the Act.

During the period of the bankruptcy the trustee must make the Sederunt Book available for inspection at all reasonable hours by any interested person, under section 210(1) of the Act.

18.2.1 Maintaining the Sederunt Book

During the administration of a bankruptcy the Accountant requires the trustee to upload all Sederunt Book documents to BASYS.

These documents will form the electronic Sederunt Book. Functionality is available for downloading all documentation when required.

Upon conclusion of the bankruptcy the trustee must check the electronic Sederunt Book and upload any missing documents. A list of the required documents and records can be found in Schedule 5 of the Act and at Appendix P.

The Accountant will make the Sederunt Book available for viewing for a period of six months following the discharge of the trustee.

The trustee will also have access to the documents on BASYS for this period.

18.2.2 Other documentation

The trustee’s correspondence files and the maintenance of records are regulated by Part 4 of the Insolvency Practitioners Regulations 2005 (SI 2005/524).

In terms of Section 50(1)(g) of the Act, an interim trustee or trustee, whether or not they are still acting, is required to provide the Accountant with such information as required.

That obligation includes providing the Accountant with any document, or copy of a document, case files or the Sederunt Book when required.

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