Scotland: guide to the appointment of a provisional liquidator
Produced in partnership with Emma Widdowson and Jamie Nellany of Addleshaw Goddard LLP
Scotland: guide to the appointment of a provisional liquidator

The following Restructuring & Insolvency guidance note Produced in partnership with Emma Widdowson and Jamie Nellany of Addleshaw Goddard LLP provides comprehensive and up to date legal information covering:

  • Scotland: guide to the appointment of a provisional liquidator
  • Brexit impact
  • When are provisional liquidators appointed?
  • What powers do provisional liquidators have?
  • What duties do provisional liquidators have?
  • What effect does the appointment of a provisional liquidator have?

The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, SI 2018/1082 and Insolvency (Scotland) (Receivership and Winding up) Rules 2018, SSI ("ISRWUP Rules 2018") came into force on 6 April 2019. The content of this Practice Note is has been updated to reflect the application of these rules (the ISRWUP Rules 2018 being those specifically of relevant to this note). It does not address any transitional provisions as may be applicable, on the assumption that there will be few cases remaining for which the transitional provisions would be relevant. For further information on the changes, see:

  1. Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, LNB News 15/10/2018 111

  2. Insolvency (Scotland) (Receivership and Winding up) Rules 2018, LNB News 15/11/2018 7

  3. New insolvency rules for Scotland—what the changes will mean

  4. New changes under the Insolvency (Scotland) (Receivership and Winding up) Rules 2018

As in England, the appointment of a provisional liquidator is an emergency procedure governed by section 135 of the Insolvency Act 1986 (IA 1986) and is sought pending the court's determination of a winding-up petition (for the position in England, see: Provisional liquidator—overview). As there is no official receiver in Scotland, a licensed insolvency practitioner (IP) is required to consent to act as provisional liquidator and confirm they are qualified to act (see ISRWUP Rules 2018, r

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