Companies House Forms - Insolvency (Scotland) Rules 2018
By David Menzies, Director of Practice
11 March 2019
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.
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 These, however, will not be published on gov.uk until 6 April 2019 when the new rules become effective.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)
1986 | 2018 | |
|---|---|---|
2.11B(Scot) | Notice of administrator’s appointment | |
2.13B(Scot) | AM02SOA AM02SOC | Notice of statement of affairs in administration Statement of Affairs (attachment) Statement of Concurrence (attachment) |
2.16B(Scot) | Notice of administrators proposals (& attachment) | |
Notice of extension of time to deliver administrator’s proposals | ||
Notice of extension of time to seek approval of administrators proposals | ||
2.16BZ | Notice of approval of administrator’s proposals | |
2.18(Scot) | Notice of creditor’s decision on administrator’s proposals | |
2.17B(Scot) | Notice of revision of administrator’s proposals (& attachment) | |
2.18B(Scot) | Notice of result of creditors’ decision on revised administrator’s proposals | |
2.20B(Scot) | Notice of Administrator’s progress report (& attachment) | |
2.31B(Scot) | Notice of appointment of replacement or additional administrator | |
NEW | Notice of order limiting disclosure of statement of affairs or proposals in administration Statement of Affairs (attachment) Statement of Concurrence (attachment) Statement of Proposals (attachment) Court Order (attachment) | |
NEW | Notice of discharge or variation of order limiting disclosure of statement of affairs or proposals in administration Statement of Affairs (attachment) Statement of Concurrence (attachment) Court Order (attachment) | |
2.19B(Scot) | Notice of disposal of charged property in administration (order attached) | |
2.29B(Scot) | Notice of resignation of administrator (notice attached) | |
2.30B(Scot) | Notice of order removing administrator from office (Court Order attached) | |
2.30B | Notice of vacation of office when administrator ceases to be qualified to act | |
2.30B | Notice of deceased administrator | |
2.22B | Notice of extension of period of administration | |
2.21B | Notice of automatic end of administration (final progress report attached) | |
2.23B | Notice of end of administration (final progress report attached) | |
2.25B | Notice of move from administration to creditors’ voluntary liquidation (final progress report attached) | |
2.26B | Notice of move from administration to dissolution (final progress report attached) | |
2.27B | Notice of court order in respect of date of dissolution (Court Order attachment) | |
2.24B | Notice of court order ending administration (Court Order attachment) | |
2.32B | NOCP(Scot) | Notice of insufficient property for distribution to unsecured creditors other than by s176A(2)(a) |
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) | NOCP (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.