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Notes for Guidance - Protected Trust Deeds - Bankruptcy (Scotland) Act 2016

This guidance describes the general functions of Accountant in Bankruptcy and trustees in relation to their responsibilities regarding protected trust deeds (PTDs) which were granted on or after 30 November 2016

6.16 Electronic delivery of forms and notices

Any document or Form that is required to be submitted to any person so recorded in the Protected Trust Deeds (Forms) (Scotland) Regulations 2016, may be given, delivered or sent by electronic means, provided that the recipient has consented to this form of transmission and provided an electronic address. Section 187 of the Act refers.

Trustees are encouraged to utilise AiB’s Web Portal system, ASTRA. This Web Portal has provision to alert trustees to when statutory documents must be submitted and provides a secure network to complete the Forms on-line and submit them.

Subject to any evidence to the contrary, a document can be presumed to have been delivered electronically if the sender can produce a copy of an electronic message that confirms issue and which shows the date and time of issue and the address it was sent to.

A document may not be issued electronically if an alternative delivery method is required by order of a court.

The AiB consent generally with all trustees to electronic delivery of Forms 4, 5 and 7 via ASTRA or by e-mail to the trust deed team

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