Companies House Forms - Insolvency (Scotland) Rules 2018
This article forms part of a series looking at the significant changes to insolvency procedures being brought in in Scotland from 6 April 2019. In this article, David Menzies looks at the changes relating to filing documents with Companies House.
Main points:
- The new Scottish corporate insolvency rules effective 6 April 2019 will remove prescribed forms with prescribed content.
- Companies House will require forms to be completed to accompany notices submitted to them.
- An index of the new Companies House forms is now available together with forms which have been released.
A significant feature of the Insolvency (Scotland) (Company Voluntary Arrangements and Administrations) Rules 2018, (ISCVAAR 2018) and the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018, (ISRWUR 2018), taken together, the Insolvency Scotland Rules 2018, is the move from prescribed statutory forms to prescribed content.
Companies House however still require a form to be used when lodging with them notices and associated documents. Companies House will be releasing on gov.uk forms to be used under the Insolvency Scotland Rules 2018. These, however, will not be published on gov.uk until 6 April 2019 when the new rules become effective. They have however released copies of the forms to ICAS and confirmed that these can be made available to assist firms with their preparations for the commencement of the new rules.
An index of the new forms is provided below with links to the forms currently available. Links shall be added to the table as further forms are released.
Company Voluntary Arrangement Moratorium
(New identifier – VAM)
|
1986 |
2018 |
|
|---|---|---|
|
1.11(Scot) |
Notice of commencement of moratorium | |
|
1.12(Scot) |
Notice of continuation of moratorium | |
|
1.12(Scot) |
Notice of decision extending or further extending a moratorium | |
|
1.12(Scot) |
Notice of court order extending or further extending or continuing or renewing a moratorium | |
|
1.16(Scot) |
Notice of withdrawal of nominee’s consent to act | |
|
1.18(Scot) |
Notice of appointment of replacement nominee | |
|
1.14(Scot) |
Notice of end of moratorium | |
|
NEW |
Notice of disposal of charged property in a moratorium | |
|
NEW |
Notice of court order in respect of a voluntary arrangement/ moratorium |
Company Voluntary Arrangement
(New identifier CVA)
|
1986 |
2018 |
|
|---|---|---|
|
1.1(Scot) |
Notice of voluntary arrangement taking effect | |
|
1.2(Scot) |
Notice of order of revocation or suspension of CVA | |
|
1.3(Scot) |
Notice of Supervisor’s progress report in CVA & progress report attachment | |
|
1.4(Scot) |
Notice of termination or full implementation of CVA | |
|
NEW |
Notice of court order in respect of a voluntary arrangement / moratorium |
Administration
(New identifier AM)
Receivership
(New identifier REC)
|
1986 |
2018 |
|
|---|---|---|
|
Form 1(Scot) |
RM01(Scot) + deed of appointment |
Notice of appointment of an Administrative Receiver, Receiver or Manager |
|
Form 2(Scot) |
Notice of appointment of receiver by the court | |
|
Form 3.5(Scot) |
Notice of administrative receiver’s report & report as an attachment Statement of Affairs (attachment) | |
|
Form 3.4(Scot) |
Notice of authorisation to dispose of secured property | |
|
NEW |
Notice of deceased administrative receiver | |
|
Form3 (Scot) |
Cease to act as Administrative Receiver, Receiver or Manager | |
|
4.31(Scot) |
Notice of respect of order under Section 176A |
Members Voluntary Liquidation / Creditors Voluntary Liquidation
(New identifier LIQ)
|
1986 |
2018 |
|
|---|---|---|
|
NO CHANGE |
Special Resolution |
Special Resolution to Voluntarily Wind up |
|
4.26 |
Notice of final account prior to dissolution in MVL (final account attached) | |
|
4.26 |
Notice of final account prior to dissolution in CVL (final account attached) | |
|
4.27 |
Notice of court order staying proceedings in a winding up in MVL /CVL (O/C Stay is the E/W equivalent) | |
|
4.28 |
Notice of order deferring the date of dissolution in MVL/CVL |
Winding up by the Court
(New identifier WU)
|
1986 |
2018 |
|
|---|---|---|
|
4.2(Scot) |
Notice of court order in a winding-up (& Court Order attachment) | |
|
4.9(Scot) |
Notice of order of appointment of provisional liquidator in a winding-up by the court (& Court Order attachment) | |
|
NEW |
Notice of termination of appointment of provisional liquidator in a winding-up by the court | |
|
4.17(Scot) |
Notice of final account prior to dissolution in a winding up by the court | |
|
4.27(Scot) |
Notice of court order staying or sisting proceedings in a winding up by the court (O/C Stay is the E/W equivalent) | |
|
4.28(Scot) |
Notice of court order for early dissolution in a winding up by the court | |
|
4.28(Scot) |
Notice of court order to defer dissolution in a winding up by the court | |
|
4.31(Scot) |
NOCP(Scot) |
Notice of an order under section 176A(5) |
Committees
(New identifier COM)
|
1986 |
2018 |
|
|---|---|---|
|
Liq Misc |
Notice of establishment of creditor’s or liquidation committees (Court Order wind up, CVL & receivership) | |
|
Liq Misc |
Notice of change of membership of a creditor’s or liquidation committee (Court Order wind up, CVL, receivership & In Administration) |
Notes:
- Scottish LLPs will not be included in this implementation.
- Any reference to attachments (statements of affairs or concurrence or proposals, progress reports, final progress reports etc) are attachments to the Notices and will accompany the Notices if applicable. They will be free format documents as they are now. Companies House will not be prescribing these forms. However, they will still be subject to the usual rules governing manner and delivery of documents to the Registrar of Companies.
Categories:
- Insolvency
