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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


Annex B - Documents to be retained by AiB

Bankruptcy (Scotland) Act 2016

The trustee under a protected trust deed must retain the following documents (or copies of those documents) for a period of at least 12 months after the date of the trustee’s discharge under section 182:

(a) the trust deed

(b) the statement mentioned in section 167(3)(c)

(c) the notice mentioned in section 169

(d) the statement mentioned in section 170(1)(d)

(e) all statements of objection or accession received from creditors

(f) the statement of anticipated realisations mentioned in section 170(1)(e)

(g) any written agreement relating to the debtor’s heritable estate mentioned in section 175(1)

(h) all reports sent under section 181(2)

(i) any adjudication on a creditor’s claim

(j) any scheme of division among creditors

(k) any circular sent to creditors with accounts

(l) the debtor’s discharge from the trust deed in Form 5

(m) the application to creditors for the trustee’s discharge

(n) the statement of realisation and distribution mentioned in section 186(8)(b)

(o) any decree, interlocutory decree, direction or order relating to the administration of the trust which is granted by the court

(p) any other document relating to the administration of the trust if it is a document which the Accountant, by notice to the trustee prior to the trustee’s discharge, identifies as a document the trustee should retain

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