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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.

6.3 Resignation of commissioners

A commissioner may resign office at any time.

A commissioner who, after election, becomes ineligible to continue to act must resign.

A commissioner who is acting as a mandatory of a creditor and ceases to act for the creditor must resign.

If there are no other commissioners the trustee should either call a meeting of creditors, or advise the creditors of their right under Schedule 6, Part 1 of the Act to request a meeting for the purpose of electing a new commissioner.

If requested by creditors representing one tenth in number, or one third in value, the trustee should convene a meeting in accordance with Schedule 6, Part 1 of the Act (see section 18.5).

When no commissioner is in post AiB will assume these duties.

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