Companies House Forms - Insolvency (Scotland) Rules 2018

david-menzies 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 These, however, will not be published on gov.uk until 6 April 2019 when the new rules become effective.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)

VAM1(Scot)

Notice of commencement of moratorium

1.12(Scot)

VAM2(Scot)

Notice of continuation of moratorium

1.12(Scot)

VAM3(Scot)

Notice of decision extending or further extending a moratorium

1.12(Scot)

VAM4(Scot)

Notice of court order extending or further extending or continuing or renewing a moratorium

1.16(Scot)

VAM5(Scot)

Notice of withdrawal of nominee’s consent to act

1.18(Scot)

VAM6(Scot)

Notice of appointment of replacement nominee

1.14(Scot)

VAM7(Scot)

Notice of end of moratorium

NEW

VAM8(Scot)

Notice of disposal of charged property in a moratorium

NEW

VAMC(Scot)

Notice of court order in respect of a voluntary arrangement/ moratorium

Company Voluntary Arrangement

(New identifier CVA)

1986

2018

 

1.1(Scot)

CVA1(Scot)

Notice of voluntary arrangement taking effect

1.2(Scot)

CVA2(Scot)

Notice of order of revocation or suspension of CVA

1.3(Scot)

CVA3(Scot)

Notice of Supervisor’s progress report in CVA & progress report attachment

1.4(Scot)

CVA4(Scot)

Notice of termination or full implementation of CVA

NEW

VAMC(Scot)

Notice of court order in respect of a voluntary arrangement / moratorium

Administration

(New identifier AM)

1986

2018

 

2.11B(Scot)

AM01(Scot)

Notice of administrator’s appointment

2.13B(Scot)

AM02(Scot)

AM02SOA

AM02SOC

Notice of statement of affairs in administration

Statement of Affairs (attachment)

Statement of Concurrence (attachment)

2.16B(Scot)

AM03(Scot)

Notice of administrators proposals (& attachment)

 

AM04(Scot)

Notice of extension of time to deliver administrator’s proposals

 

AM05(Scot)

Notice of extension of time to seek approval of administrators proposals

2.16BZ

AM06(Scot)

Notice of  approval of administrator’s proposals

2.18(Scot)

AM07(Scot)

Notice of  creditor’s decision on administrator’s proposals

2.17B(Scot)

AM08(Scot)

Notice of revision of administrator’s proposals (& attachment)

2.18B(Scot)

AM09(Scot)

Notice of result of creditors’ decision on revised administrator’s proposals

2.20B(Scot)

AM10(Scot)

Notice of Administrator’s progress report (& attachment)

2.31B(Scot)

AM11(Scot)

Notice of appointment of replacement or additional administrator

NEW

AM12(Scot)

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

AM13(Scot)

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)

AM14(Scot)

Notice of disposal of charged property in administration (order attached)

2.29B(Scot)

AM15(Scot)

Notice of resignation of administrator (notice attached)

2.30B(Scot)

AM16(Scot)

Notice of order removing administrator from office (Court Order attached)

2.30B

AM17(Scot)

Notice of vacation of office when administrator ceases to be qualified to act

2.30B

AM18(Scot)

Notice of deceased administrator

2.22B

AM19(Scot)

Notice of extension of period of administration

2.21B

AM20(Scot)

Notice of automatic end of administration (final progress report attached)

2.23B

AM21(Scot)

Notice of end of administration (final progress report attached)

2.25B

AM22(Scot)

Notice of move from administration to creditors’ voluntary liquidation (final progress report attached)

2.26B

AM23(Scot)

Notice of move from administration to dissolution (final progress report attached)

2.27B

AM24(Scot)

Notice of court order in respect of date of dissolution (Court Order attachment)

2.24B

AM25(Scot)

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)

RM01(Scot)

Notice of appointment of receiver by the court

Form

3.5(Scot)

REC1(Scot)

Notice of administrative receiver’s report & report as an attachment Statement of Affairs (attachment)

Form

3.4(Scot)

REC3(Scot)

Notice of authorisation to dispose of secured property

NEW

REC5(Scot)

Notice of deceased administrative receiver

Form3 (Scot)

RM02(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

LIQ13(Scot)

Notice of final account prior to dissolution in MVL (final account attached)

4.26

LIQ14(Scot)

Notice of final account prior to dissolution in CVL (final account attached)

4.27

LIQ15(Scot)

Notice of court order staying proceedings in a winding up in MVL /CVL (O/C Stay is the E/W equivalent)

4.28

LIQ04(Scot)

Notice of order deferring the date of dissolution in MVL/CVL

Winding up by the Court

(New identifier WU)

1986

2018

 

4.2(Scot)

WU01(Scot)

Notice of court order in a winding-up (& Court Order attachment)

4.9(Scot)

WU02(Scot)

Notice of order of appointment of provisional liquidator in a winding-up by the court (& Court Order attachment)

NEW

WU03(Scot)

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

4.17(Scot)

WU15(Scot)

Notice of final account prior to dissolution in a winding up by the court

4.27(Scot)

WU18(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)

WU16(Scot)

Notice of court order for early dissolution in a winding up by the court

4.28(Scot)

WU17(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

COM1(Scot)

Notice of establishment of creditor’s or liquidation committees (Court Order wind up, CVL & receivership)

Liq Misc

COM2(Scot)

Notice of change of membership of a creditor’s or liquidation committee (Court Order wind up, CVL, receivership & In Administration)

Notes:

  1. Scottish LLPs will not be included in this implementation.
  2. 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.

Topics

  • Insolvency

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