The Insolvency Rules 2016

Below are a number of articles covering the new Insolvency Rules which came into force on 6 April 2017.

Placing a Company into CVL

Changes to the Insolvency Act 1986 ("Act"). SBEEA 2015 makes a host of supplemental amendments to the Act, the general effect of which is remove references to creditors' meetings and replace them with the alternative decision processes.

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Standard Forms for Insolvency Procedures - Insolvency Practice Direction

The Court has recently announced it will be publishing some standard forms for insolvency procedures, to be published under the Insolvency Practice Direction.

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Delivery of Documents

The language of the rules has been amended and there is now more reference to delivery of documents rather than service.

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Changes to Company Voluntary Arrangements ("CVA")

This note addresses the changes to CVA's in the Rules.

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Amendments to the Insolvency Act 1986 from 6 April 2017

As well as the new Insolvency Rules coming into force on 6 April, there are over 100 amendments to the Insolvency Act that will come into force as well.

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Calculation of Time Periods

Schedule 5 of the new rules provides some clarifications on the calculation of time periods.

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Applications and After Acquired Property

Rule 12 sets out rules relating to applications, (excluding administration applications, winding up petitions and creditors' bankruptcy petitions).

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Expedited Petitions, Provisional Liquidation and Validation Orders

It will be rare that an expedited petition is appropriate - the case law concerns instances where only compulsory liquidation is possible for a type of entity but the usual process would cause significant prejudice to creditors, e.g. credit unions.

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Creditors' Bankruptcy Petition

The rules for these petitions are contained in 10.6 to 10.33. This section also covers IVA supervisors presenting a petition. The good news is that under the new Rules, there are very few changes to the current procedure.

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Application to Set Aside a Statutory Demand

Set Aside Applications were previously governed by rules 6.4 and 6.5. They are now governed by Rules 10.4 and 10.5 which largely replicate the old rules.

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MVL's

In terms of the basic requirements for the Declaration of Solvency, there's little significant change - all of the directors (or a majority of them) have made full inquiry and, having done so, are of the opinion the company will be able to pay its debts in full (with interest at the Official Rate) within a specified time, not exceeding 12 months.

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Disclaimer

The Rules relating to Disclaimer remain largely unchanged, except for bankruptcy and liquidation being included in the same section and some minor updates to the Act. These are incorporated in Rule 19.8, and affect s.307 and s.320 Insolvency Act 1986. The deadlines for all actions remain unchanged. 

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New Decision Making Procedures

Part 15 Insolvency Rules 2016 consolidates the rules in relation to notices, voting rights, exclusions and appeals introducing some much needed consistency between the different insolvency processes.

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Proposing an IVA

There are changes to the Act mainly designed to bring in the required changes following the abolition of physical meetings in the first instance.

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Deemed Consent - Rule 15.7

The Deemed Consent procedure is set out in sections 246ZF (corporate insolvency) and 379ZB (personal insolvency) of the Insolvency Act 1986, as inserted by the Small Business, Enterprise and Employment Act 2015, and rule 15.7 of the Insolvency Rules 2016.

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Remuneration of Officeholders

Rules 18.15 to 18.38 of the Insolvency Rules 2016 deals with remuneration principles, fixing of remuneration, challenges by creditors and applications to Court by officeholders in relation to their remuneration placing all the rules surrounding remuneration in one place as opposed to dotted around the various procedures in the old rules.

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Websites and Electronic Delivery

This briefing note addresses the effect of the Insolvency Rules 2016 ("Rules") to the: (i) Electronic delivery of documents; and (ii) use of Websites to deliver documents.

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Out of Court Appointment of Administrators

The out of Court appointment processes are broadly similar to the processes under the Insolvency Rules 1986 with some minor amendments. The most significant change is the abolition of the prescribed forms for appointment documents.

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Re-use of company names

Section 216 continues to apply to prohibit the re-use of a name or sufficiently similar name where oldco and newco have common directors.

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Appeals and Reviews Process in Corporate Insolvency

The Appeals process is governed by Rules 12.59; 12.61 and Schedule 11. The old corresponding provisions were Rules 7.47 and 7.49A.

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Application for income payments orders and income payments agreements

The rules relating to income payment orders ("IPO") and income payment agreements ("IPA") are largely unchanged. The time periods dictated in the old rules for IPOs and IPAs remain the same, however there are some added requirements in the new rules, particularly in relation to the contents of notices and orders.

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Debt Relief Orders

The procedure for Debt Relief Orders ("DRO") is unchanged, possibly because it is a comparatively new process having only come into force in 2009. However there has been some shuffling of rules numbers, in an effort to regularise and make the structure more logical.

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Applications to Court for Appointment of Administrators

The procedure for an application to Court for the appointment of an Administrator pursuant to paragraph 12 of Schedule B1 IA 86 is covered by r3.3-3.15 of the 2016 rules.

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