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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.