EFIS 39, April 2017 : Insolvency (2017) Companies

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The Insolvency (England and Wales) Rules 2016 will come into force on 6th April 2017 and supersede the Insolvency Rules 1986.

Insolvency practitioners can access the 2016 Rules by following the link below to the website: www.legislation.gov.uk/uksi/2016/1024/contents/made

Unlike the 1986 Rules, the 2016 Rules only prescribe the contents of the new forms to be used and not their actual wording.

In particular, the 2016 Rules prescribe detailed procedures for the conduct of all company and personal insolvency proceedings in England and Wales under the Insolvency Act 1986.

As a result of these 2016 Rules, Companies House (CH), the Insolvency Service (InS) and the High Court (HC) have each amended some of the new forms which should be used on and after 6th April whilst Oyez has created other forms which may also need to be used under the 2016 Rules but which CH, InS and HC have declined to produce.

CH has drafted the forms CVA1-CVA4, VAM1-VAMC, AM01-AM25, REC1-REC5, LIQ01-LIQ12, WU01-WU15, COM1-COM4, NDISC and NCOP for different aspects of the new procedures for insolvent companies.

The High Court has drafted the SD1 and COMP1-COMP12 forms whilst the Insolvency Service has created the IN1_38, IN7_41, IN7_42, IN7_99, IN7_100, IN14_4, IN15_8 and IN19_9 forms.

In addition, Oyez has published its own forms to meet the requirements of the 2016 Rules.

To assist practitioners, the numbers of Oyez's own forms reflect the relevant number of the rule as it appears in the Insolvency (England and Wales) Rules 2016.

Oyez strongly advises insolvency practitioners to consult the transitional arrangements which are contained in the Insolvency (England and Wales) Rules 2016 as to the circumstances in which the old insolvency-company forms can be used after 6th April.

We understand that the 2016 Rules apply to all new insolvency proceedings which are begun on and after 6th April so where insolvency proceedings began before 6th April, there may be some circumstances where the old insolvency-company forms may still be used.

However, practitioners must satisfy themselves when these circumstances might apply by referring to the transitional arrangements contained within the Insolvency (England and Wales) Rules 2016.

Forms affected

INR1_38(R)	Creditor's Election to Opt Out - Revocation	New/Amended
INR1_38	Creditor's Election to Opt Out	New/Amended
INR7_99	Request by a Creditor for a Public Examination (Company Winding-Up) - Notice to Official Receiver	New/Amended
INR7_69	Application by Former Liquidator for Release (Section 174(4)(b) or (d))	New/Amended
INR7_42	Company Winding-Up - Statement of Affairs	New/Amended
INR7_100	Request by a Contributory for a Public Examination (Company Winding-Up) - Notice to Official Receiver	New/Amended
INR19_9	Application by Interested Party for Decision on Disclaimer (Company Winding-Up)	New/Amended
INR15_18	Request by Creditors for a Decision (Company Winding-Up)	New/Amended
INR16_3	Proxy (Specific) (Company Winding-Up)	New/Amended
INR14_4	Proof of Debt - General Form	New/Amended
INR7_41	Statement of Affairs (Company Winding-Up)	New/Amended
INR7_90	Making and Enforcement of the Call	New/Amended
INR7_71	Notice Accompanying Final Account Prior to Dissolution (Section 146)	New/Amended
INR7_67	Notice of Deceased Liquidator	New/Amended
INR7_68	Loss of qualification as Insolvency Practitioner	New/Amended
INR7_63	Decision of Creditors to Remove Liquidator	New/Amended
INR7_62	Notice to Official Receiver of Intention to Vacate Office	New/Amended
INR7_61	Liquidator's Resignation and/or Replacement - Deemed consent	New/Amended
INR7_39	Termination of Appointment	New/Amended
INR7_55	Invitation to Creditors/Contributories to Form a Liquidation Committee	New/Amended
INR7_23	Petition Dismissed	New/Amended
INR7_19	Notice of Adjournment	New/Amended
INR7_53	Appointment of Liquidator by Creditor or Contributories	New/Amended
INR7_36	Notice Of Appointment Of Provisional Liquidator	New/Amended
INR3_67	Notice of Deceased Administrator	New/Amended
INR3_64	Notice of Resignation	New/Amended
INR3_63	Notice of Intention to Resign	New/Amended
INR3_56	Notice of End of Administration	New/Amended
INR3_39	Invitation To Creditors To Form A Creditors' Commitee	New/Amended
INR3_55	Notice of Automatic End of Administration	New/Amended
INR3_30	Statement of Affairs	New/Amended
INR3_31	Statement of Affairs: Statement of Concurrence	New/Amended
INR3_29	Notice Requiring Statement of Affairs	New/Amended
INR3_24	Notice of Appointment of an Administrator by [The Directors of] a Company (Where a Notice of Intention to Appoint Has Been Given)	New/Amended
INR3_25	Notice of Appointment of an Administrator by [The Directors of] a Company (Where a Notice of Intention to Appoint Has Not Been Given)	New/Amended
INR3_2	Proposed Administrator Statement and Consent to Act	New/Amended
INR3_16	Notice of Intention to Appoint an Administrator by Holder of Qualifying Floating Charge	New/Amended
INR3_17	Notice of Appointment of an Administrator by holder of a Qualifying Floating Charge	New/Amended
INR3_21	Notice of Appointment of an Administration by Holder of a Qualfying Floating Charge	New/Amended
INR3_23	Notice of Intention to Appoint an Administrator by Company or Directors	New/Amended
INR2_29	Creditors Approval of Modified Proposal Decision Procedure	New/Amended
INR2_25(2)	Consideration of Proposal Decision Procedure	New/Amended
INR2_25	Consideration of Proposal Decision Procedure	New/Amended
INR2_23	Notice of Appointment of Replacement Nominee	New/Amended
INR2_22(2)	Notice of Intention to Apply for Replacement of the Nominee	New/Amended
INR2_22(1)	Notice of Intended Application to Replace the Nominee	New/Amended
INR2_21	Withdrawal of Nominee's Consent to Act	New/Amended
INR2_19(3)	Notice of End of a Moratorium	New/Amended
INR2_17	Notice of Decision Extending or Further Extending a Moratorium	New/Amended
INR2_16	Notice of Continuation of a Moratorium Where Physical Meeting of Creditors is Summoned	New/Amended
INR2_15(4)	Notice of the Coming into Force of a Moratorium	New/Amended
INR2_10(2)	Replacement of the Nominee (Section 2(4))	New/Amended
INR2_10(1)	Replacement of the Nominee (Section 2(4))	New/Amended
INR2_4	Consent to Act Where the Nominee is Not the Liquidator or Administrator	New/Amended
INR2_44	Notice of Termination or Full Implementation of Company Voluntary Arrangement	New/Amended
INR19_2(a)(i)	Notice of Disclaimer Under Section 178 of the Insolvency Act 1986	New/Amended
SD1	Statutory Demand under Section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986	New/Amended
COMP1	Winding-up Petition	New/Amended
COMP2	Verification of the Petition	New/Amended
COMP3	Certificate of Compliance	New/Amended
COMP4	Notice of Persons Intending to Appear	New/Amended
COMP5	List of Appearences	New/Amended
COMP6	Petition by Contributory	New/Amended
COMP7	Petition by Office Holder	New/Amended
COMP8	Administration Application	New/Amended
AM01	Notice of adminstrator's appointment	New/Amended
AM01(CONT)	Notice of administrator's appointment - continuation page	New/Amended
AM02	Notice of statement of affairs in administration	New/Amended
AM03	Notice of administrator's proposals	New/Amended
AM04	Notice of extension of time to deliver adminstrator's proposals	New/Amended
VAM1	Notice of commencement of moratorium	New/Amended
VAM2	Notice of continuation of moratorium	New/Amended
VAM3	Notice of decision extending or further extending moratorium	New/Amended
VAM4	Notice of court order extending or further extending or continuing or renewing a moratorium	New/Amended
VAM5	Notice of withdrawal of nominee's consent to act	New/Amended
VAM6	Notice of appointment of a replacement nominee	New/Amended
VAM7	Notice of end of moratorium	New/Amended
VAMC	Notice of a court order in respect of a voluntary arrangement or moratorium	New/Amended
AM08	Notice of revision of adminstrator's proposals	New/Amended
AM09	Notice of result of creditors' decision on revised administrator's proposals	New/Amended
AM10	Notice of administrator's progress report	New/Amended
AM11	Notice of appointment of replacement or additional administrator	New/Amended
AM12	Notice of Order limiting disclosure of statemnt of affairs or proposals in administration	New/Amended
AM13	Notice of rescission or amendment of order limiting disclosure of statement of affairs or proposals in administration	New/Amended
AM14	Notice of an order to dispose of charged property in administration	New/Amended
AM15	Notice of resignation of administrator	New/Amended
AM16	Notice of order removing administrator from office	New/Amended
AM17	Notice of vacation of office when administrator ceases to be qualified to act	New/Amended
AM18	Notice of deceased administrator	New/Amended
AM19	Notice of extension of period of administration	New/Amended
AM20	Notice of automatic end of administration	New/Amended
AM21	Notice of end of administration	New/Amended
AM22	Notice of move from administration to creditors' voluntary liquidation	New/Amended
AM23	Notice of move from administration to dissolution	New/Amended
AM24	Notice of order in respect of date of dissolution	New/Amended
CVA1	Notice of voluntary arrangement taking effect	New/Amended
CVA2	Notice of order of revocation or suspension of voluntary arrangement	New/Amended
CVA3	Notice of supervisor's progress report in voluntary arrangement	New/Amended
CVA4	Notice of termination or full implementation of voluntary arrangement	New/Amended
REC1	Notice of administrative receiver's report	New/Amended
REC2	Notice of summary of receipts and payments by adminstrative receiver, receiver or receiver manager	New/Amended
REC3	Notice of order of disposal of charged property in administrative receivership	New/Amended
REC4	Notice of statement of affairs in administrative receivership	New/Amended
REC5	Notice of deceased administrative receiver	New/Amended
LIQ01	Notice of statutory declaration of solvency	New/Amended
LIQ02	Notice of statement of affairs	New/Amended
LIQ03	Notice of progress report in voluntary winding up	New/Amended
LIQ04	Notice of Order Deferring the Date of Dissolution in MVL or CVL	New/Amended
LIQ05	Notice of order limiting disclosure of statement of affairs in CVL	New/Amended
LIQ06	Notice of liquidator's resignation in MVL or CVL	New/Amended
LIQ07	Notice of removal of liquidator by creditors	New/Amended
LIQ08	Notice of Loss of Qualification as Insolvency Practitioner in MVL or CVL	New/Amended
LIQ09	Notice of deceased liquidator in MVL and CVL	New/Amended
LIQ10	Notice of removal of liquidator by court in MVL or CVL	New/Amended
LIQ11	Notice of removal of liquidator by company meeting in MVL	New/Amended
LIQ13	Notice of final account prior to dissolution in MVL	New/Amended
LIQ14	Notice of final account prior to dissolution in CVL	New/Amended
WU01	Notice of court order in a winding-up	New/Amended
WU02	Notice of order of appointment of provisional liquidator in a winding-up by the court	New/Amended
WU03	Notice of termination of appointment of provisional liquidator in a winding-up by the court	New/Amended
WU04	Notice of appointment of liquidator in a winding-up by the court	New/Amended
WU07	Notice of progress report in a winding-up by the court	New/Amended
WU13	Notice of order of court on appeal against Secretary of State's decision in a winding up by the court	New/Amended
WU14	Notice of order for removal of liquidator by court in a winding-up by the court	New/Amended
WU15	Notice of final account prior to dissolution in a winding up by the court	New/Amended
COM1	Notice of establishment of creditors' or liquidation committee	New/Amended
COM2	Notice of change of membership of a creditors' or liquidation committee	New/Amended
COM3	Notice of continuation of creditors' committee in winding up by court following administration	New/Amended
COM4	Notice of cessation of liquidation committee in winding up when creditors paid in full	New/Amended
CH(Cont)	Continuation Page: Name and address of Insolvency Practitioner	New/Amended
INR6_2	Statement of Affairs	New/Amended
INR5_2	Appointment by Creditors or by the Company	New/Amended
INR6_3	Statement of Affairs	New/Amended
INR5_6	Liquidator's Resignation	New/Amended
INR5_9	Delivery of Draft Final Account to Members (Section 94)	New/Amended
INR5_11	Notice of Deceased Liquidator	New/Amended
INR6_5	Statement of Concurrence	New/Amended
INR6_11	Nomination of Liquidator and Information to Creditors on Conversion from Member's Voluntary Winding Up (Section 96)	New/Amended
INR6_12	Creditors' Decision on Appointment Other Than at a Meeting (Conversion From Members' Voluntary Winding Up)	New/Amended
INR6_13	Information to Creditors and Contributories (Conversion of Members' Voluntary Winding Up into Creditors' Voluntary Winding Up)	New/Amended
INR6_14	Information to Creditors and Appointment of Liquidator under Section 100	New/Amended
INR6_19	Invitation to Creditors to Form a Liquidation Committee	New/Amended
INR6_20	Appointment by Creditors or by the Company	New/Amended
INR6_25	Liquidator's Resignation and/or Replacement	New/Amended
INR6_28	Notice Accompanying Final Account Prior to Dissolution	New/Amended
INR6_29	Notice of Deceased Liquidator	New/Amended
INR6_33	Application by former liquidator for release (section 173(2)(b)	New/Amended
INR14_10	Withdrawal of Proof	New/Amended
INR14_15(3)(b)	Secured Creditor: Value of Security	New/Amended
INR14_17	Secured Creditor: Redemption by Office Holder	New/Amended
INR14_29	Individual Notices to Creditors of Intended Dividend or Distribution	New/Amended
INR14_35	Notice of Declaration of a Dividend	New/Amended
INR17_5(1)	Establishment of Committees	New/Amended
INR17_5(5)	Establishment of Committees	New/Amended
INR17_7	Notice of Change of Membership of a Committee	New/Amended
INR17_13	Cessation of Liquidation Committee in a Winding Up When Creditors are Paid in Full	New/Amended
INR17_20(8)	Procedure for Request That a Place for a Meeting Should be Specified	New/Amended
INR17_21(3)	Procedure for Request that a place for a Meeting should be Specified	New/Amended
INR17_22	Notice Requiring Office Holder to Attend the Creditors' Committee (Administration and Administrative Receivership) (Paragraph 57(3)(a) of Schedule B1 and Section 49(2))	New/Amended
INR17_29	Continuation of a Creditors Committee	New/Amended
RM02	Notice of ceasing to act as an administrative receiver, receiver or manager	New/Amended
NDISC	Notice of disclaimer under section 178 of the Insolvency Act 1986	New/Amended
NOCP	Notice of an order under section 176A(5)	New/Amended
AM05	Notice of extension of time to seek approval of administrator's proposals	New/Amended
AM06	Notice of approval of administrator's proposals	New/Amended
AM25	Notice of court order ending administration	New/Amended
INR5_1	Statutory Declaration of Solvency	New/Amended
INR5_12	Notice of Loss of Qualification as Insolvency Practitioner	New/Amended
AM07	Notice of creditor's decision on administrator's proposals	New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.