The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018

• (4) Information to be gazetted under this rule may also be advertised in such other manner as the convener thinks fit.

• (5) The convener may gazette other decision procedures or the deemed consent procedure in which case the equivalent information to that required by this rule must be stated in the notice.

Notice to company officers in respect of meetings

5.14

• (1) In a proposal for a CVA or in an administration, notice to participate in a creditors’ meeting must be delivered to every present or former officer of the company whose presence the convener thinks is required and that person is required to attend the meeting.

• (2) A notice under this rule must be delivered in compliance with the minimum notice requirements set out in rule 5.11 or in compliance with an order of the court under rule 5.12.

Non-receipt of notice of decision

5.15

Where a decision is sought by a notice in accordance with the Act or these Rules, the decision procedure or deemed consent procedure is presumed to have been duly initiated and conducted, even if not everyone to whom the notice is to be delivered has received it.

Decisions on remuneration and conduct

5.16

• (1) This rule applies in relation to a decision or resolution which is proposed in an administration, and which affects a person in relation to that person’s remuneration or conduct as administrator (actual, proposed or former).

• (2) The following may not vote on such a decision or resolution whether as a creditor, proxy-holder or corporate representative, except so far as permitted by rule 6.7 (proxy-holder with financial interest)—

• (a) that person;

• (b) the partners and employees of that person;

• (c) the officers and employees of the company of which that person is a director, officer or employee; and

• (d) the representative of any person mentioned in sub-paragraphs (a) to (c).

CHAPTER 4 — Requisitioned decisions

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Requisitions of decision

[Note: this rule is concerned with requests by creditors for a decision, rather than requests for decisions to be made by way of a physical meeting under section 246ZE(3).]

5.17 1 In this Chapter, “requisitioned decision” means a decision requested to be sought under paragraph 52(2) or 56(1) of Schedule B1. 2 A request for a decision to be sought under paragraph 52(2) of Schedule B1 must be delivered within eight business days of the date on which the administrator’s statement of proposals is delivered. 3 The request for a requisitioned decision must include a statement of the purpose of the proposed decision and either— a a copy of the requesting creditor’s statement of claim, together with— i a list of the creditors concurring with the request and of the amounts of their respective claims, and ii confirmation of concurrence from each creditor concurring; or b a copy of the requesting creditor’s statement of claim and a statement that that alone is sufficient without the concurrence of other creditors.

Expenses and timing of requisitioned decision

5.18

• (1) The convener must, not later than 14 days from receipt of a request for a requisitioned decision, provide the requesting creditor with itemised details of the sum to be deposited as caution for payment of the expenses of such procedure.

• (2) The convener is not obliged to initiate the decision procedure or deemed consent procedure (where applicable) until either—

• (a) the convener has received the required sum; or

• (b) the period of 14 days has expired without the convener having informed the requesting creditor of the sum required to be deposited as caution.

• (3) A requisitioned decision must be made within 28 days of the date on which the earlier of the events specified in paragraph (2) of this rule occurs.

• (4) The expenses of a requisitioned decision must be paid out of the deposit (if any) unless the creditors decide that they are to be payable as an expense of the administration.

• (5) The notice of a requisitioned decision of creditors must contain a statement that the creditors may make a decision as in paragraph (4) of this rule.

• (6) Where the creditors do not so decide, the expenses must be paid by the requesting creditor to the extent that the deposit (if any) is not sufficient.

• (7) To the extent that the deposit (if any) is not required for payment of the expenses, it must be repaid to the requesting creditor.

CHAPTER 5 — Constitution of Meetings

Quorum at meetings

5.19

• (1) A meeting is not competent to act unless a quorum is in attendance.

• (2) In the case of a meeting of creditors, a quorum is at least one creditor entitled to vote.

• (3) Where the provisions of this rule as to quorum are satisfied by the attendance of the chair alone or the chair and one additional person, but the chair is aware, either by virtue of statements of claim and documentary evidence of debt and proxies received or otherwise, that one or more additional persons would, if attending, be entitled to vote, the chair must delay the start of the meeting by at least 15 minutes after the appointed time.

• (4) In this rule, the reference to the number of creditors necessary to constitute a quorum includes those represented by proxy by any person (including the chair).

Chair at meetings

5.20

The chair of a meeting must be—

• (a) the convener; or

• (b) an appointed person.

The chair – attendance, interventions and questions

5.21

The chair of a meeting may—

• (a) allow any person who has given reasonable notice of wishing to attend to participate in a virtual meeting or to be admitted to a physical meeting;

• (b) decide what intervention, if any, may be made at a meeting of creditors by any person attending who is not a creditor; and

decide what questions may be put to any present or former officer of the company.

CHAPTER 6 — Adjournment and suspension of meetings

Adjournment by chair

5.22

• (1) The chair may (and must if it is so resolved) adjourn a meeting for not more than 14 days, subject to any direction of the court.

• (2) Any further adjournment under this rule must not be to a day later than 14 days after the date on which the meeting was originally held, subject to any direction of the court.

• (3) But in a case relating to a proposed CVA, the chair may, and must if the meeting so resolves, adjourn a meeting held under paragraph 29(1) of Schedule A1 to a day which is not more than 14 days after the date on which the moratorium (including any extension) ends.

Adjournment in absence of chair

5.23

• (1) In an administration, if no one attends to act as chair within 30 minutes of the time fixed for a meeting to start, then the meeting is adjourned to the same time and place the following week or, if that is not a business day, to the business day immediately following.

• (2) If no one attends to act as chair within 30 minutes of the time fixed for the meeting after a second adjournment under this rule, then the meeting comes to an end.

Statements of claim and documentary evidence of debt in adjournment

5.24

Where a meeting in an administration is adjourned, the chair may allow a statement of claim and documentary evidence of debt (where required) to be used if delivered at or before resumption of the adjourned meeting.

Suspension

5.25

The chair of a meeting may, without an adjournment, declare the meeting suspended for one or more periods not exceeding one hour in total (or, in exceptional circumstances, such longer total period during the same day as the chair may determine).

CHAPTER 7 — Creditors' voting rights and majorities

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Creditors' voting rights

5.26

• (1) In an administration, a creditor is entitled to vote in a decision procedure or to object to a decision proposed using the deemed consent procedure only if—

• (a) the creditor has delivered to the convener a statement of claim and documentary evidence of debt, including any calculation for the purposes of rule 5.28 or 5.29;

• (b) the statement of claim and documentary evidence of debt were received by the convener not later than the decision date, or in the case of a meeting, at or before the meeting; and

• (c) the statement of claim and documentary evidence of debt has been admitted for the purposes of entitlement to vote.

• (2) The convener or chair may dispense with the requirement to produce documentary evidence of debt in paragraph (1)(a).

• (3) In the case of a meeting, a proxy-holder is not entitled to vote on behalf of a creditor unless the convener or chair has received the proxy intended to be used on behalf of that creditor.

• (4) In a decision relating to a proposed CVA every creditor, secured or unsecured, who has notice of the decision procedure is entitled to vote in respect of that creditor’s debt.

• (5) Where a decision is sought in an administration under rule 3.52(3)(b), rule 3.96(5) or rule 3.96(6), creditors are entitled to participate to the extent stated in those rules.

Claim made in proceedings in other member States

5.27

• (1) Where, in an administration,—

• (a) a creditor is entitled to vote under rule 5.26 (as determined, where that is the case, in accordance with rule 5.32);

• (b) that creditor has made the claim in other proceedings;

• (c) that creditor votes on a resolution in a decision procedure; and

• (d) a member State liquidator casts a vote in respect of the same claim,

only the creditor’s vote is to be counted.

• (2) Where, in an administration,—

• (a) a creditor has made a claim in more than one set of other proceedings; and

• (b) more than one member State liquidator seeks to vote in respect of that claim,

the entitlement to vote in respect of that claim is exercisable by the member State liquidator in the main proceedings, whether or not the creditor has made the claim in the main proceedings.

• (3) In this rule, “other proceedings” mean main, secondary or territorial proceedings in another member State.

Calculation of voting rights

5.28

• (1) Votes are calculated according to the amount of each creditor’s claim—

• (a) in an administration, as at the date on which the company entered administration, less—

• (i) any payments that have been made to the creditor after that date in respect of the claim, and

• (ii) any adjustment by way of set-off which has been made in accordance with that principle or would have been made if that principle were applied on the date on which the votes are counted;

• (b) in a proposed CVA—

• (i) at the date the company went into liquidation where the company is being wound up,

• (ii) at the date the company entered administration (less any payments made to the creditor after that date in respect of the claim) where it is in administration,

• (iii) at the beginning of the moratorium where a moratorium has been obtained (less any payments made to the creditor after that date in respect of the claim), or

• (iv) where (i) to (iii) do not apply, at the decision date.

• (2) A creditor may vote in respect of a debt of an unliquidated or unascertained amount if the convener or chair decides to put upon it an estimated minimum value for the purpose of entitlement to vote and admits the claim for that purpose.

• (3) In relation to a proposed CVA, a debt of an unliquidated or unascertained amount is to be valued at £1 for the purposes of voting unless the convener or chair or an appointed person decides to put a higher value on it.

• (4) Where a debt is wholly secured its value for voting purposes is nil.

• (5) Where a debt is partly secured its value for voting purposes is the value of the unsecured part.

• (6) The value of the debt for voting purposes is its full value without deduction of the value of the security in the following cases—

• (a) where the administrator has made a statement under paragraph 52(1)(b) of Schedule B1 and the administrator has been requested to seek a decision under paragraph 52(2) of that Schedule; and

• (b) where, in a proposed CVA, there is a decision on whether to extend or further extend a moratorium or to bring a moratorium to an end before the end of the period of any extension.

• (7) No vote may be cast in respect of a claim more than once on any resolution put to the meeting and for this purpose (where relevant), the claim of a creditor and of any member State liquidator in relation to the same debt are a single claim.

• (8) A vote cast in a decision procedure which is not a meeting may not be changed.

• (9) Paragraph (7) does not prevent a creditor or member State liquidator from—

• (a) voting in respect of less than the full value of an entitlement to vote; or

• (b) casting a vote one way in respect of part of the value of an entitlement and another way in respect of some or all of the balance of that value.

Calculation of voting rights: hire-purchase agreements

5.29

• (1) In an administration, a creditor under a hire-purchase agreement is entitled to vote in respect of the amount of the debt due and payable by the company on the date on which the company entered administration.

• (2) In calculating the amount of any debt for the purpose of paragraph (1), no account is to be taken of any amount attributable to the exercise of any right under the relevant agreement so far as the right has become exercisable solely by virtue of—

• (a) the making of an administration application;

• (b) a notice of intention to appoint an administrator or any matter arising as a consequence of the notice; or

• (c) the company entering administration.

Procedure for admitting creditors' claims for voting

5.30

• (1) The convener or chair in respect of a decision procedure must ascertain entitlement to vote and admit or reject claims accordingly.

• (2) The convener or chair may admit or reject a claim in whole or in part.

• (3) If the convener or chair is in any doubt whether a claim should be admitted or rejected, the convener or chair must mark it as objected to and allow votes to be cast in respect of it, subject to such votes being subsequently declared invalid if the objection to the claim is sustained.

Requisite majorities

5.31

• (1) A decision is made by creditors when a majority (in value) of those voting have voted in favour of the proposed decision, except where this rule provides otherwise.

• (2) In the case of an administration, a decision is not made if those voting against it include more than half in value of the creditors to whom notice of the decision procedure was delivered who are not, to the best of the convener’s or chair’s belief, persons connected with the company.

• (3) Each of the following decisions in a proposed CVA is made when 75% or more (in value) of those responding vote in favour of it—

• (a) a decision approving a proposal or a modification;

• (b) a decision extending or further extending a moratorium; or

• (c) a decision bringing a moratorium to an end before the end of the period of any extension.

• (4) In a proposed CVA a decision is not made if more than half of the total value of the unconnected creditors vote against it.

• (5) For the purposes of paragraph (4)—

• (a) a creditor is unconnected unless the convener or chair decides that the creditor is connected with the company;

• (b) in deciding whether a creditor is connected reliance may be placed on the information provided in the company’s statement of affairs or otherwise in accordance with these Rules; and

• (c) the total value of the unconnected creditors is the total value of those unconnected creditors whose claims have been admitted for voting.

Appeals against decisions under this Chapter

5.32

• (1) A decision of the convener or chair under this Chapter is subject to appeal to the court by a creditor.

• (2) In a proposed CVA, an appeal to the court against a decision under this Chapter may also be made by a member of the company.

• (3) If the decision is reversed or varied, or votes are declared invalid, the court may order another decision procedure to be initiated or make such order as it thinks just but, in a CVA, the court may only make an order if it considers that the circumstances which led to the appeal give rise to unfair prejudice or material irregularity.

• (4) An appeal under this rule may not be made after the end of the period of 21 days beginning with the decision date.

• (5) However, the previous paragraph does not apply in a proposed CVA where an appeal may not be made after the end of the period of 28 days beginning with the day on which the first of the reports required by section 4(6) or paragraph 30(3) of Schedule A1 was lodged with the court.

• (6) The person who made the decision is not personally liable for costs incurred by any person in relation to an appeal under this rule unless the court makes an order to that effect.

CHAPTER 8 — Exclusions from meetings

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Action where person excluded

5.33

• (1) In this rule and rules 5.34 and 5.35, an “excluded person” means a person who has taken all steps necessary to attend a virtual meeting or has been permitted by the convener to attend a physical meeting remotely under the arrangements which—

• (a) have been put in place by the convener of the meeting; but

• (b) do not enable that person to attend the whole or part of that meeting.

• (2) Where the chair becomes aware during the course of the meeting that there is an excluded person, the chair may—

• (a) continue the meeting;

• (b) declare the meeting void and convene the meeting again; or

• (c) declare the meeting valid up to the point where the person was excluded and adjourn the meeting.

• (3) Where the chair continues the meeting, the meeting is valid unless—

• (a) the chair decides in consequence of a complaint under rule 5.35 to declare the meeting void and hold the meeting again; or

• (b) the court directs otherwise.

• (4) Without prejudice to paragraph (2), where the chair becomes aware during the course of the meeting that there is an excluded person, the chair may, at the chair’s discretion and without an adjournment, declare the meeting suspended for any period up to 1 hour.

Indication to excluded person

5.34

• (1) A creditor who claims to be an excluded person may request an indication of what occurred during the period of that person’s claimed exclusion.

• (2) A request under paragraph (1) must be made in accordance with paragraph (3) as soon as reasonably practicable, and in any event, not later than 4pm on the business day following the day on which the exclusion is claimed to have occurred.

• (3) A request under paragraph (1) must be made to—

• (a) the chair, where it is made during the course of the meeting; or

• (b) the convener, where it is made after the meeting.

• (4) Where satisfied that the person making the request is an excluded person, the person to whom the request is made under paragraph (3) must deliver the requested indication to the excluded person as soon as reasonably practicable, and in any event, not later than 4pm on the business day following the day on which the request was made under paragraph (1).

Complaint

5.35

• (1) A person may make a complaint who—

• (a) is, or claims to be, an excluded person; or

• (b) attends the meeting and claims to have been adversely affected by the actual, apparent or claimed exclusion of another person.

• (2) A complaint under paragraph (1) must be made to the appropriate person who is—

• (a) the chair, where it is made during the course of the meeting; or

• (b) the convener, where it is made after the meeting.

• (3) The complaint must be made as soon as reasonably practicable and, in any event, not later than 4pm on the business day following—

• (a) the day on which the person was, appeared, or claimed to be, excluded; or

• (b) where an indication is sought under rule 5.34, the day on which the complainant received the indication.

• (4) The appropriate person must, as soon as reasonably practicable following receipt of the complaint—

• (a) consider whether there is an excluded person;

• (b) where satisfied that there is an excluded person, consider the complaint; and

• (c) where satisfied that there has been prejudice, take such action as the appropriate person considers fit to remedy the prejudice.

• (5) Paragraph (6) applies where the appropriate person is satisfied that the complainant is an excluded person and—

• (a) a resolution was voted on at the meeting during the period of the person’s exclusion; and

• (b) the excluded person asserts how the excluded person intended to vote on the resolution.

• (6) Where the appropriate person is satisfied that if the excluded person had voted as that person intended it would have changed the result of the resolution, then the appropriate person must, as soon as reasonably practicable—

• (a) count the intended vote as having been cast in that way;

• (b) amend the record of the result of the resolution;

• (c) where notice of the result of the resolution has been delivered to those entitled to attend the meeting, deliver notice to them of the change and the reason for it; and

• (d) where notice of the result of the resolution has yet to be delivered to those entitled to attend the meeting, the notice must include details of the change and the reason for it.

• (7) Where satisfied that more than one complainant is an excluded person, the appropriate person must have regard to the combined effect of the intended votes.

• (8) The appropriate person must deliver notice to the complainant of any decision as soon as reasonably practicable.

• (9) A complainant who is not satisfied by the action of the appropriate person may apply to the court for directions and any application must be made no more than two business days from the date of receiving the decision of the appropriate person.

CHAPTER 9 — Records

Record of a decision

5.36

• (1) Where a decision is sought using a decision procedure, the convener or chair must make a record of the decision procedure.

• (2) In the case of a meeting, the record must be in the form of a minute of the meeting.

• (3) The record must be authenticated by the convener or chair and must include—

• (a) identification details for the insolvency proceedings;

• (b) a list of the names of the creditors who participated in the decision procedure and their claims;

• (c) where a decision is taken on the election of members of a creditors’ committee, the names and addresses of those elected;

• (d) a record of any change to the result of the resolution made under rule 5.35(6) and the reason for any such change; and

• (e) in any case, a record of every decision made and how creditors voted.

• (4) Where a decision is sought using the deemed consent procedure, the convener must make a record of the procedure.

• (5) The record under paragraph (4) must be authenticated by the convener and must—

• (a) identify the insolvency proceedings;

• (b) state whether or not the decision was made; and

• (c) contain a list of the creditors who objected to the decision and their claims.

• (6) A record made under this rule must also identify any decision procedure (or the deemed consent procedure) by which a decision had previously been sought.

CHAPTER 10 — Company meetings

Company meetings in administration

5.37

• (1) This rule applies to company meetings in an administration.

• (2) Unless the Act or these Rules provide otherwise, a company meeting must be called and conducted, and records of the meeting must be kept—

• (a) in accordance with the law of Scotland, including any applicable provision in or made under the Companies Act, in the case of a company incorporated—

• (i) in Scotland, or

• (ii) outside the United Kingdom other than in a EEA state;

• (b) in accordance with the law of that state applicable to meetings of the company in the case of a company incorporated in an EEA state other than the United Kingdom.

• (3) Reference to a company meeting called and conducted to resolve, decide or determine a particular matter includes a reference to that matter being resolved, decided or determined by written resolution.

• (4) In summoning any company meeting the administrator must have regard to the convenience of the members when fixing the venue.

• (5) The chair of a company meeting in an administration must be either the administrator or an appointed person.

Remote attendance: notification requirements

5.38

When a meeting is to be summoned and held in accordance with section 246A(3)⁶⁰, the convener must notify all those to whom notice of the meeting is being given of—

• (a) the ability of a person claiming to be an excluded person to request an indication in accordance with rule 5.41;

• (b) the ability of a person within rule 5.42(1) to make a complaint in accordance with that rule; and

• (c) in either case, the period within which a request or complaint must be made.

Location of company meetings

5.39

• (1) This rule applies to a request to the convener of a meeting under section 246A(9)⁶¹ to specify a place for the meeting.

• (2) The request must be accompanied by—

• (a) a list of the members making or concurring with the request and their voting rights, and

• (b) from each person concurring, confirmation of that person’s concurrence.

• (3) The request must be delivered to the convener within seven business days of the date on which the convener delivered the notice of the meeting in question.

• (4) Where the convener considers that the request has been properly made in accordance with the Act and this rule, the convener must—

• (a) deliver notice to all those previously given notice of the meeting—

• (i) that it is to be held at a specified place, and

• (ii) as to whether the date and time are to remain the same or not;

• (b) set a venue (including specification of a place) for the meeting, the date of which must be not later than 28 days after the original date for the meeting; and

• (c) deliver at least 14 days’ notice of that venue to all those previously given notice of the meeting;

and the notices required by sub-paragraphs (a) and (c) may be delivered at the same or different times.

• (5) Where the convener has specified a place for the meeting in response to a request to which this rule applies, the chair of the meeting must attend the meeting by being present in person at that place.

Action where person excluded

5.40

• (1) In this rule and rules 5.41 and 5.42, an “excluded person” means a person who has taken all steps necessary to attend a company meeting under the arrangements which—

• (a) have been put in place by the convener of the meeting under section 246A(6); but

• (b) do not enable that person to attend the whole or part of that meeting.

• (2) Where the chair becomes aware during the course of the meeting that there is an excluded person, the chair may—

• (a) continue the meeting;

• (b) declare the meeting void and convene the meeting again; or

• (c) declare the meeting valid up to the point where the person was excluded and adjourn the meeting.

• (3) Where the chair continues the meeting, the meeting is valid unless—

• (a) the chair decides in consequence of a complaint under rule 5.42 to declare the meeting void and hold the meeting again; or

• (b) the court directs otherwise.

• (4) Without prejudice to paragraph (2), where the chair becomes aware during the course of the meeting that there is an excluded person, the chair may, at the chair’s discretion and without an adjournment, declare the meeting suspended for any period up to one hour.

Indication to excluded person

5.41

• (1) A person who claims to be an excluded person may request an indication of what occurred during the period of that person’s claimed exclusion.

• (2) A request under paragraph (1) must be made in accordance with paragraph (3) as soon as reasonably practicable, and in any event, not later than 4pm on the business day following the day on which the exclusion is claimed to have occurred.

• (3) A request under paragraph (1) must be made to—

• (a) the chair where it is made during the course of the meeting; or

• (b) the convener where it is made after the meeting.

• (4) Where satisfied that the person making the request is an excluded person, the person to whom the request is made under paragraph (3) must deliver the requested indication to the excluded person as soon as reasonably practicable, and in any event, not later than 4pm on the business day following the day on which the request was made under paragraph (1).

Complaint

5.42

• (1) A person may make a complaint who—

• (a) is, or claims to be, an excluded person; or

• (b) attends the meeting and claims to have been adversely affected by the actual, apparent or claimed exclusion of another person.

• (2) A complaint under paragraph (1) must be made to the appropriate person who is—

• (a) the chair, where it is made during the course of the meeting; or

• (b) the convener, where it is made after the meeting.

• (3) The complaint must be made as soon as reasonably practicable and, in any event, not later than 4pm on the business day following—

• (a) the day on which the person was, appeared, or claimed to be, excluded; or

• (b) where an indication is sought under rule 5.41, the day on which the complainant received the indication.

• (4) The appropriate person must, as soon as reasonably practicable following receipt of the complaint,

• (a) consider whether there is an excluded person;

• (b) where satisfied that there is an excluded person, consider the complaint; and

• (c) where satisfied that there has been prejudice, take such action as the appropriate person considers fit to remedy the prejudice.

• (5) Paragraph (6) applies where the appropriate person is satisfied that the complainant is an excluded person and—

• (a) a resolution was voted on at the meeting during the period of the person’s exclusion; and

• (b) the excluded person asserts how the excluded person intended to vote on the resolution.

• (6) Where the appropriate person is satisfied that if the excluded person had voted as that person intended it would have changed the result of the resolution, then the appropriate person must, as soon as reasonably practicable—

• (a) count the intended vote as having been cast in that way;

• (b) amend the record of the result of the resolution;

• (c) where notice of the result of the resolution has been delivered to those entitled to attend the meeting, deliver notice to them of the change and the reason for it; and

• (d) where notice of the result of the resolution has yet to be delivered to those entitled to attend the meeting, the notice must include details of the change and the reason for it.

• (7) Where satisfied that more than one complainant is an excluded person, the appropriate person must have regard to the combined effect of the intended votes.

• (8) The appropriate person must deliver notice to the complainant of any decision as soon as reasonably practicable.

• (9) A complainant who is not satisfied by the action of the appropriate person may apply to the court for directions and any application must be made no more than two business days from the date of receiving the decision of the appropriate person.

PART 6 — PROXIES AND CORPORATE REPRESENTATION

[Note: A document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Application and interpretation

6.1

• (1) This Part applies in any case where a proxy is given in relation to a meeting or insolvency proceedings under the Act or these Rules or where a corporation authorises a person to represent it.

• (2) References in this Part to “the chair” are to the chair of the meeting for which a specific proxy is given or at which a continuing proxy is exercised.

Specific and continuing proxies

6.2

• (1) A proxy is a document made by a creditor or member which directs or authorises another person (a “proxy-holder”) to act as the representative of the creditor or member at a meeting, or meetings, by speaking, voting, abstaining or proposing resolutions.

• (2) A proxy may be either—

• (a) a specific proxy which relates to a specific meeting; or

• (b) a continuing proxy for the insolvency proceedings.

• (3) A specific proxy must—

• (a) direct the proxy-holder how to act at the meeting by giving specific instructions; or

• (b) authorise the proxy-holder to act at the meeting without specific instructions; or

• (c) contain both direction and authorisation.

• (4) A proxy is to be treated as a specific proxy for the meeting which is identified in the proxy unless it states that it is a continuing proxy for the insolvency proceedings.

• (5) A continuing proxy must authorise the proxy-holder to attend, speak, vote or abstain, or to propose resolutions without giving the proxy-holder any specific instructions.

• (6) A continuing proxy may be superseded by a proxy for a specific meeting or withdrawn by a written notice to the office-holder.

• (7) A creditor or member may appoint more than one person to be proxy-holder but if so—

• (a) their appointment is as alternates; and

• (b) only one of them may act as proxy-holder at the meeting.

• (8) The proxy-holder must be an individual.

Blank proxy

6.3

• (1) A blank proxy is a document which—

• (a) complies with the requirements in this rule; and

• (b) when completed with the details specified in paragraph (3) will be a proxy as described in rule 6.2.

• (2) A blank proxy must state that the creditor or member named in the document (when completed) appoints a person who is named or identified as the proxy-holder of the creditor or member.

• (3) The specified details are—

• (a) the name and address of the creditor or member;

• (b) either the name of the proxy-holder or the identification of the proxy-holder (e.g. the chair of the meeting);

• (c) a statement that the proxy is either—

• (i) for a specific meeting, which is identified in the proxy, or

• (ii) a continuing proxy for the insolvency proceedings; and

• (d) if the proxy is for a specific meeting, instructions as to the extent to which the proxy holder is directed to vote in a particular way, to abstain or to propose any resolution.

• (4) When it is delivered, a blank proxy must not have inserted in it—

• (a) the name or description of any person as proxy-holder or as a nominee for office-holder; or

• (b) instructions as to how a person appointed as proxy-holder is to act.

• (5) A blank proxy must have a note to the effect that the proxy may be completed with the name of the person or the chair of the meeting who is to be proxy-holder.

Use of proxies

6.4

• (1) A proxy for a specific meeting must be delivered to the chair at or before the meeting.

• (2) A continuing proxy must be delivered to the office-holder and may be exercised at any meeting which begins after the proxy is delivered.

• (3) A proxy may be used at the resumption of the meeting after an adjournment, but if a different proxy is given for use at a resumed meeting, that proxy must be delivered to the chair before the start of the resumed meeting.

• (4) Where a specific proxy directs a proxy-holder to vote for or against a resolution for the nomination or appointment of a person as office-holder, the proxy-holder may, unless the proxy states otherwise, vote for or against (as the proxy-holder thinks fit) a resolution for the nomination or appointment of that person jointly with another or others.

• (5) A proxy-holder may propose a resolution which is one on which the proxy-holder could vote if someone else proposed it.

• (6) Where a proxy gives specific directions as to voting, this does not, unless the proxy states otherwise, prohibit the proxy-holder from exercising discretion as to how to vote on a resolution which is not dealt with by the proxy.

• (7) The chair may require a proxy used at a meeting to be the same as or substantially similar to the blank proxy delivered for that meeting or to a blank proxy previously delivered which has been completed as a continuing proxy.

Use of proxies by the chair

6.5

• (1) Where a proxy appoints the chair (however described in the proxy) as proxy-holder the chair may not refuse to be the proxy-holder.

• (2) Where the office-holder is appointed as proxy-holder but another person acts as chair of the meeting, that other person may use the proxies as if that person were the proxy-holder.

• (3) Where, in a meeting of creditors in an administration, the chair holds a proxy which requires the proxy-holder to vote for a particular resolution and no other person proposes that resolution the chair must propose it unless the chair considers that there is good reason for not doing so.

• (4) If the chair does not propose such a resolution, the chair must as soon as reasonably practicable after the meeting deliver a notice of the reason why that was not done to the creditor or member.

Right of inspection and delivery of proxies

6.6

• (1) A person attending a meeting is entitled, immediately before or in the course of the meeting, to inspect proxies or any statement of claim or documentary evidence of debt delivered to the chair or to any other person in accordance with the notice convening the meeting.

• (2) Where the chair is not the office-holder, the chair must deliver all proxies used for voting at a meeting to the office-holder, as soon as reasonably practicable after the meeting.

Proxy-holder with financial interest

6.7

• (1) A proxy-holder must not vote for a resolution which would—

• (a) directly or indirectly place the proxy-holder or any associate of the proxy-holder in a position to receive any remuneration, fees or expenses from the company’s assets; or

• (b) fix or change the amount of or the basis of any remuneration, fees or expenses receivable by the proxy-holder or any associate of the proxy-holder out of the company’s assets.

• (2) However, a proxy-holder may vote for a resolution described in paragraph (1) if the proxy specifically directs the proxy-holder to vote in that way.

• (3) Where an office-holder is appointed as proxy-holder and that proxy is used under rule 6.5(2) by another person acting as chair, the office-holder is deemed to be an associate of the person acting as chair.

Resolution conferring authorisation to represent corporation

[Note: section 434B⁶² makes provision for corporate representation in company insolvency proceedings.]

6.8 1 A person authorised to represent a corporation (other than as proxy-holder) at a meeting of creditors must produce to the chair— a the resolution conferring the authority; or b a copy of that resolution certified as a true copy by— i two directors, ii a director and the secretary, or iii a director in the presence of a witness who attests the director’s signature. 2 The resolution conferring the authority must have been signed or subscribed (or in the case of an electronic document, authenticated) by or on behalf of the company in accordance with the Requirements of Writing (Scotland) Act 1995⁶³. 3 In this rule “authenticated” has the meaning given in the Requirements of Writing (Scotland) Act 1995.

PART 7 — THE EU REGULATION

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1]

Interpretation of this Part

7.1

In this Part—

• “winding up proceedings” means insolvency proceedings listed in the United Kingdom entry in Annex A to the EU Regulation other than voluntary arrangements where they relate to individuals, bankruptcy or sequestration.

• “conversion into winding up proceedings” refers to an order under Article 51 of the EU Regulation that winding up proceedings of one kind are converted into winding up proceedings of another kind.

Conversion into winding up proceedings: application

7.2

• (1) This rule applies where a member State liquidator in main proceedings applies to the court under Article 51 of the EU Regulation for conversion of—

• (a) a CVA or an administration into winding up proceedings of another kind; or

• (b) winding up proceedings other than a CVA or an administration into a CVA or an administration.

• (2) A statement containing a statutory declaration made by or on behalf of the member State liquidator must be lodged with the court in support of the application.

• (3) The statement must state—

• (a) that main proceedings have been opened in relation to the company in a member State other than the United Kingdom;

• (b) the belief of the person making the statement that conversion of the winding up proceedings would be most appropriate as regards the interests of the local creditors and coherence between the main and secondary insolvency proceedings;

• (c) the kind of winding up proceedings into which, in the opinion of the person making the statement, the winding up proceedings should be converted; and

• (d) all other matters that, in the opinion of the member State liquidator, would assist the court in—

• (i) deciding whether to make an order, and

• (ii) considering whether and, if so, what consequential provision to include.

• (4) The application and the statement must be served upon the company.

• (5) Where the application is for conversion of a CVA or an administration, the application and the statement must also be served upon the supervisor or the administrator, as the case may be.

Conversion into winding up proceedings: court order

7.3

• (1) On hearing an application for conversion of winding up proceedings under rule 7.2, the court may, subject to Article 51 of the EU Regulation, make such order as it thinks just.

• (2) An order under paragraph (1) may contain such consequential provision as the court thinks just.

• (3) An order for conversion of a CVA or an administration into winding up proceedings of another kind may provide that the company be wound up as if a resolution for voluntary winding up under section 84 were passed on the day on which the order is made.

Proceedings in another member State: duty to give notice

7.4

• (1) This rule applies where the supervisor of a CVA or an administrator is required to give notice, or provide a copy of a document (including an order of the court) to the court or the registrar of companies.

• (2) Where not already required to do so by Article 41 of the EU Regulation, the supervisor or administrator must also give notice or provide a copy to—

• (a) any member State liquidator; or

• (b) where the supervisor or administrator knows that an application has been made to commence insolvency proceedings in another member State but a member State liquidator has not yet been appointed, the court to which that application has been made.

Member State liquidator: rules on creditors' participation in proceedings

7.5

• (1) The provisions in these Rules apply to a member State liquidator’s participation in proceedings in accordance with Article 45 of the EU Regulation) in the same manner as they apply to creditors’ participation in those proceedings.

• (2) In this rule, “creditors’ participation”—

• (a) includes the following matters—

• (i) requesting and being provided with information, including inspecting or obtaining copies of documents or files,

• (ii) being provided with notices or other documents,

• (iii) participating and voting in decision procedures,

• (iv) the establishment and operation of creditor committees,

• (v) submitting statements of claim and documentary evidence of debt in respect of debts and receipt of dividends,

• (vi) applying to the court and appearing at hearings and

• (b) is limited to creditors’ participation from the time of the opening of proceedings in accordance with Article 2(8) of the EU Regulation.

Main proceedings in Scotland: undertaking by office-holder in respect of assets in another member State (Article 36 of the EU Regulation)

7.6

• (1) This rule applies where an office-holder in main proceedings proposes to give an undertaking under Article 36 of the EU Regulation in respect of assets located in another member State.

• (2) In addition to the requirements as to form and content set out in Article 36 the undertaking must contain—

• (a) the heading “Proposed Undertaking under Article 36 of the EU Insolvency Regulation (2015/848)”;

• (b) identification details for the main proceedings;

• (c) identification and contact details for the office-holder; and

• (d) a description of the effect of the undertaking if approved.

• (3) The proposed undertaking must be delivered to all the local creditors in the member State concerned of whose address the office-holder is aware.

• (4) Where the undertaking is rejected the office-holder must inform all the creditors of the company of the rejection of the undertaking as soon as reasonably practicable.

• (5) Where the undertaking is approved the office-holder must as soon as reasonably practicable—

• (a) send a copy of the undertaking to all the creditors with a notice informing them of the approval of the undertaking and of its effect (so far as they have not already been given this information under paragraph (2)(d));

• (b) where the insolvency proceedings relate to a registered company, deliver a copy of the undertaking to the registrar of companies.

• (6) The office-holder may advertise details of the undertaking in the other member State in such manner as the office-holder thinks fit.

Main proceedings in another member State: approval of undertaking offered by the member State liquidator to local creditors in the UK

7.7

• (1) This rule applies where a member State liquidator proposes an undertaking under Article 36 of the EU Regulation and the secondary proceedings which the undertaking is intended to avoid would be insolvency proceedings to which these Rules apply.

• (2) The decision by the local creditors whether to approve the undertaking must be made by a decision procedure subject to the rules which apply to the approval of a proposed CVA under section 4A of the Act.

• (3) In Part 5, the rules in Chapters 1 to 9 apply to the decision procedure (with any necessary modifications) except for the following—5.7, 5.12, 5.14, 5.16 to 5.18 and 5.27.

• (4) Where the main proceedings relate to a registered company, the member State liquidator must deliver a copy of the approved undertaking to the registrar of companies.

Powers of an office-holder or member State liquidator in proceedings concerning members of a group of companies (Article 60 of the EU Regulation)

7.8

Where an office-holder or a member State liquidator makes an application in accordance with paragraph (1)(b) of Article 60 of the EU Regulation the application must state with reasons why the applicant thinks the matters set out in points (i) to (iv) of that paragraph apply.

Group coordination proceedings (section 2 of Chapter 5 of the EU Regulation)

7.9

• (1) This rules applies to an application to open group coordination proceedings by an office-holder.

• (2) The application must be headed “Application under Article 61 of Regulation (EU) 2015/848 to open group coordination proceedings”

• (3) The application must (in addition to the requirements in Article 61 of the EU Regulation) contain—

• (a) identification and contact details for the office-holder making the application;

• (b) identification details for the company and the insolvency proceedings by virtue of which the office-holder is making the application;

• (c) identification details for the company and the insolvency proceedings in respect of each company which is a member of the group;

• (d) contact details for the office-holders and member State liquidators appointed in those proceedings;

• (e) identification details for any insolvency proceedings in respect of a member of the group which are not to be subject to the coordination because of an objection to being included; and

• (f) if relevant, a copy of any such agreement as is mentioned in Article 66 of the EU Regulation.

• (4) An “office-holder” in paragraph (3)(d) includes a person holding office in insolvency proceedings in relation to the company in England and Wales or Northern Ireland, and a member State liquidator.

Group coordination order (Article 68 of the EU Regulation)

7.10

• (1) An order opening group coordination proceedings must contain—

• (a) details of the matters set out in Article 68(1)(a) to (c) of the EU Regulation;

• (b) identification details for the insolvency proceedings by virtue of which the office-holder is making the application;

• (c) identification and contact details for the office-holder making the application;

• (d) identification details for the insolvency proceedings which are subject to the coordination; and

• (e) identification details for any insolvency proceedings for a member of the group which are not subject to the coordination because of an objection to being included.

• (2) The office-holder who made the application must deliver a copy of the order to the coordinator and to any person who is, in respect of proceedings subject to the coordination—

• (a) an office-holder;

• (b) a person holding office in insolvency proceedings in relation to the company in England and Wales or Northern Ireland; and

• (c) a member State liquidator.

Delivery of group coordination order to registrar of companies

7.11

An office-holder in respect of insolvency proceedings subject to coordination must deliver a copy of the group coordination order to the registrar of companies.

Office-holder's report

7.12

• (1) This rule applies where, under the second paragraph of Article 70(2) of the EU Regulation, an office-holder is required to give reasons for not following the coordinator’s recommendations or the group coordination plan.

• (2) Those reasons must be given as soon as reasonably practicable by a notice to all the creditors.

• (3) In an administration, those reasons may be given in the next progress report where doing so satisfies the requirement to give the reasons as soon as reasonably practicable.

Publication of opening of proceedings by a member State liquidator

7.13

• (1) This rule applies where—

• (a) a company subject to insolvency proceedings has an establishment in Scotland; and

• (b) a member State liquidator is required or authorised under Article 28 of the EU Regulation to publish a notice.

• (2) The notice must be gazetted.

Statement by member State liquidator that insolvency proceedings in another member State are closed etc.

7.14

A statement by a member State liquidator under paragraph 84 of Schedule B1 informing the registrar of companies that a member State liquidator in insolvency proceedings open in another member State consents to the dissolution must contain—

• (a) identification details for the company; and

• (b) identification details for the member State liquidator.

SCHEDULE 1 — REVOCATIONS

In this Schedule, “the 1986 rules” means the Insolvency (Scotland) Rules 1986.

Name	Number	Extent of revocation
The Insolvency (Scotland) Rules 1986	S.I. 1986/1915	Parts 1 and 2 in their entirety. Rules 0.1 to 0.3 and Part 7 (and schedules 3 to 5) insofar as they apply to CVAs and administration.
The Insolvency (Scotland) Amendment Rules 1987	S.I. 1987/1921	Insofar as they amend the 1986 Rules in relation to CVAs and administration.
The Insolvency (Scotland) Amendment Rules 2002	S.I. 2002/2709	The entire S.I.
The Enterprise Act 2002 (Consequential Amendments) (Prescribed Part) (Scotland) Order 2003	S.I. 2003/2108	Part 1 insofar as it amends the 1986 Rules in relation to CVAs and administration.
The Insolvency (Scotland) Regulations 2003	S.I. 2003/2109	Part 2 and Schedule 2 insofar as they amend the 1986 Rules in relation to CVAs and administration.
The Insolvency (Scotland) Amendment Rules 2003	S.I. 2003/2111	Insofar as they amend the 1986 Rules in relation to CVAs and administration.
The Insolvency (Scotland) Amendment Rules 2006	S.I. 2006/734	The entire S.I. except for rule 13.
The Insolvency (Scotland) Amendment Rules 2008	S.I. 2008/662	The entire S.I.
The Insolvency (Scotland) Amendment Rules 2009	S.I. 2009/662	The entire S.I.
The Insolvency (Scotland) Amendment (No. 2) Rules 2009	S.I. 2009/2375	The entire S.I.
The Insolvency (Scotland) Amendment Rules 2010	S.I. 2010/688	The entire S.I.
The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012	S.I. 2012/2404	In schedule 3, paragraph4(2)-(4).
The Insolvency (Scotland) Amendment Rules 2014	S.S.I. 2014/114	Insofar as it amends the 1986 Rules in relation to administration.
The Insolvency Amendment (EU 2015/848) Regulations 2017	S.I. 2017/702	Part 5 insofar as it amends the 1986 Rules in relation to CVAs and administration.

SCHEDULE 2 — TRANSITIONAL AND SAVINGS PROVISIONS

General

1

In this Schedule—

• “the 1986 Rules” means the Insolvency (Scotland) Rules 1986 as they had effect immediately before the commencement date and a reference to “1986 Rules” followed by a rule number is a reference to a rule in the 1986 Rules; and

• “the commencement date” means the date these Rules come into force.

Requirement for office-holder to provide information to creditors on opting out

2

• (1) Rule 1.35, which requires an office-holder to provide information to a creditor on the right to elect to opt out under rule 1.34 in the first communication to the creditor, does not apply to—

• (a) an administrator; or

• (b) a supervisor of a CVA

who has delivered the first communication before the commencement date.

• (2) An administrator or supervisor of a CVA may choose to deliver information on the right to opt out in which case the communication to the creditor must contain the information required by rule 1.35.

Electronic communication

3

• (1) Rule 1.41(4) does not apply where the relevant proceedings commenced before the commencement date.

• (2) In this paragraph relevant proceedings are commenced on—

• (a) the delivery of a proposal for a voluntary arrangement to the intended nominee;

• (b) the appointment of an administrator under paragraph 14 or 22 of Schedule B1; or

• (c) the making of an administration order.

Statement of affairs

4

• (1) The provisions of these Rules relating to statements of affairs in an administration do not apply where relevant proceedings were commenced before the commencement date and the 1986 Rules relating to statements of affairs in an administration continue to apply.

• (2) In this paragraph relevant proceedings are commenced on—

• (a) the appointment of an administrator under paragraph 14 or 22 of Schedule B1; or

• (b) the making of an administration order;

Savings in respect of meetings to be held on or after the commencement date and resolutions by correspondence

5

• (1) This paragraph applies where on or after the commencement date—

• (a) a creditors' meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the 1986 Rules or the 1986 Act;

• (b) a meeting is to be held as a result of a requisition by a creditor made before that date;

• (c) a meeting is to be held as a result of a statement made under paragraph 52(1)(b) of Schedule B1 and a request is made before that date which obliges the administrator to summon an initial creditors' meeting.

• (2) Where paragraph (1) applies, Part 5 of these Rules does not apply and the 1986 Rules relating to the following continue to apply—

• (a) the requirement to hold the meeting;

• (b) notice and advertisement of the meeting;

• (c) governance of the meeting;

• (d) recording and taking minutes of the meeting;

• (e) the report or return of the meeting;

• (f) membership and formalities of establishment of creditor's committees where the resolution to form the committee is passed at the meeting;

• (g) the office-holder's resignation or removal at the meeting;

• (h) the office-holder's release;

• (i) fixing the office-holder's remuneration;

• (j) hand-over of assets to a supervisor of a voluntary arrangement where the proposal is approved at the meeting;

• (k) the notice of appointment of a supervisor of a voluntary arrangement where the appointment is made at the meeting;

• (l) claims that remuneration is or that other expenses are excessive; and

• (m) complaints about exclusion at the meeting.

• (3) Where, before the commencement date, the administrator sought to obtain a resolution by correspondence under 1986 rule 2.28, the 1986 Rules relating to resolutions by correspondence continue to apply and paragraph (2) applies to any meeting that those rules require the office-holder to summon.

Progress reports and statements to the registrar of companies

6

• (1) Where an obligation to prepare a progress report arises before the commencement date but has not yet been fulfilled 1986 rule 2.38 continues to apply.

• (2) Where, before the commencement date, a conversion notice under paragraph 83 of Schedule B1 was sent to the registrar of companies, 1986 rule 2.47 continues to apply.

Foreign currency

7

Where, before the commencement date, an amount stated in a foreign currency on a statement of claim or evidence of debt (according to the nature of the debt claimed) is converted into sterling by the administrator under 1986 rule 4.17(2), the administrator and any successor to the administrator must continue to use that exchange rate for subsequent conversions of that currency into sterling for the purpose of distributing any assets of the insolvent estate.

CVA moratoria

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications before the court

9

Where an application to court is lodged or a petition is presented under the Act or under the 1986 Rules before the commencement date and the application or petition has not been determined or withdrawn, the 1986 Rules continue to apply to that application or petition.

Forms

10

A form contained in Schedule 5 to the 1986 Rules may be used on or after the commencement date if—

• (a) the form is used to provide a statement of affairs pursuant to paragraph 4 of this Schedule;

• (b) the form relates to a meeting held under the 1986 Rules to which paragraph 5 of this Schedule applies;

• (c) the form is required because before the commencement date, the administrator sought to obtain the passing of a resolution by correspondence; or

• (d) the form relates to any application to the court made, or petition presented, before the commencement date.

Administrations commenced before 15th September 2003

11

The 1986 Rules continue to apply to administrations where the petition for an administration order was presented before 15th September 2003.

Savings in respect of special insolvency rules: limited liability partnerships

12

The 1986 Rules insofar as they apply to insolvency proceedings under the Limited Liability Partnerships Regulations 2001 continue to have effect for the purposes of the application of those Regulations.

SCHEDULE 3 — PUNISHMENT OF OFFENCES UNDER THESE RULES

Rule creating offence	General nature of the offence	Mode of prosecution	Maximum Penalty	Daily default fine (if applicable)
1.51(1)	Falsely claiming to be a person entitled to inspect a document with the intention of gaining sight of it.	1. On indictment	2 years' imprisonment, or a fine, or both.	Not applicable.
1.51(1)	Falsely claiming to be a person entitled to inspect a document with the intention of gaining sight of it.	2. Summary	12 months' imprisonment, or a fine not exceeding the statutory maximum, or both.	Not applicable.
3.55(7)	Former administrator failing to file a notice of automatic end of administration and progress report.	Summary	A fine not exceeding level 3 on the standard scale.	One tenth of level 3 on the standard scale.
3.70(2)	Failure to comply with administrator's duties on vacating office.	Summary	A fine not exceeding level 3 on the standard scale.	One tenth of level 3 on the standard scale.
3.93(3)	Administrator failing to deliver progress reports in accordance with rule 3.93(1).	Summary	A fine not exceeding level 3 on the standard scale	One tenth of level 3 on the standard scale.
3.106(1)	Producing false evidence; failing to report false evidence	1. On indictment	2 years' imprisonment, or a fine, or both.	Not applicable
3.106(1)	Producing false evidence; failing to report false evidence	2. Summary	12 months' imprisonment, or a fine not exceeding the statutory maximum, or both.	Not applicable
3.107(7)	Failing to comply with an order requiring attendance for private examination	Summary	3 months' imprisonment, or a fine not exceeding level 5 on the standard scale, or both.	Not applicable

SCHEDULE 4 — INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK

PART 1

1

A decision of the Sheriff or the Court of Session under rule 1.56.

PART 3

2

Any statement of affairs delivered to the administrator in accordance with rule 3.29(4) subject to any order of the court made under rule 3.45 that the statement of affairs or a specified part must not be inserted in the sederunt book.

3

Any statement of concurrence delivered to the administrator in accordance with rule 3.31(1).

4

A copy of the notice of the result of the creditors' decision on a proposed revision to the administrator's proposals under rule 3.43.

5

A copy of the certified order delivered to the administrator in accordance with rule 3.49(4).

6

A record of every resolution passed at a creditors' committee meeting as recorded and authenticated in accordance with rule 3.85(3).

7

A copy of every resolution passed under rule 3.86, together with a note that agreement to the resolution of the creditors' committee was obtained.

8

Under rule 3.96:

• (a) the accounts submitted for audit;

• (b) the scheme of division; and

• (c) the final determination in relation to the administrator's outlays and remuneration.

9

• (1) Details of the administrator's decision to accept a claim (whether in whole or in part) under rule 3.108(1) including—

• (a) the amount of the claim accepted;

• (b) the category of debt, and the value of any security, as decided by the administrator.

• (2) Details of the administrator's reasons for rejecting a claim (whether in whole or in part) under rule 3.108(3).

• (3) Any decision of the court on an appeal under rule 3.108(5).

10

Details of—

• (a) any agreement reached under rule 3.117(2)(b)(i); or

• (b) any determination made under rule 3.117(2)(b)(ii).

PART 5

11

A record of a decision procedure made in accordance with rule 5.36(1).

12

A record of a deemed consent procedure made in accordance with rule 5.36(4).

PART 6

13

All proxies used for voting at a meeting, as soon as reasonably practicable after the meeting (where the chair is the office-holder), or as soon as reasonably practicable after their delivery to the office-holder in accordance with rule 6.6(2) (where the chair is not the office-holder).

Signed

Kelly Tolhurst — Parliamentary Under Secretary of State Minister for Small Business, Consumers and Corporate Responsibility — 2018-10-11

Explanatory note

(This note is not part of the Rules)

Footnotes