WU02 - Notice of order of appointment of provisional liquidator in a winding-up by the court

Last EFIS release: 39/2017 (April 2017)

Form status: New/Amended

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.

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