Notes for Guidance - Protected Trust Deeds - Bankruptcy (Scotland) Act 2016
- First published
- 30 November 2016
- Last updated
- 15 January 2025 - see all updates
- Topic
- Protected Trust Deeds
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
Annex A - Information on the Register of Insolvencies
The Bankruptcy (Scotland) Act 2016 Schedule 2
The Register of Insolvencies maintained by the Accountant in Bankruptcy under section 200(1)(c) of the Bankruptcy (Scotland) Act of 2016 shall contain the following information:
Protected trust deeds for creditors
- name and address of granter of trust deed
- address of the centre of main interests and all establishments, within the meaning of the Council Regulation (EC) No. 1346/2000, of the granter of the trust deed, unless the granter of the trust deed is an undertaking as described in Article 1(2) of the said Council Regulation
- whether the protected trust deed is considered to be main or territorial proceedings within the meaning of the said Council Regulation
- the location and nature of any other insolvency proceedings
- name and address of trustee under deed
- date (or dates) of execution of deed
- date on which copy deed and certificate of accession was registered
- date of registration of statement indicating how the estate was realised and distributed and certificate to the effect that the distribution was in accordance with the trust deed
- date of trustee’s discharge
- date of registration of copy of order of court that non-acceding creditor is not bound by trustee’s discharge
- First published
- Wednesday, 30 November 2016
- Last updated
- Wednesday, 15 January 2025 - show all updates
- All updates
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changes made to section 2 to reflect the policy changes from 20 January 2025.
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amendment to section 6.8 Increasing the trustee’s fixed fee.
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addition of section 2.5 - Trust deed information leaflet and adequate time, effective from 20 January 2025.
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Updated to take into account The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 which came into force on the 1st July 2024. New additions to the guidance includes: Removal of protected status of a trust deed and a review process, Debtor discharge due to extenuating circumstances prior to the 48 month minimum term and Trustee refusal of debtor discharge process, previously part of the PTD Protocol, now in legislation for all trustees to follow
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Update to section 5.1 - Contributions to reflect recent change to Common Financial Statement registration.
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Supporting document published on website
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Published on website
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Amended - PTD Protocol
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Amended
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First published
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