The following Restructuring & Insolvency guidance note Produced in partnership with David Menzies of ICAS provides comprehensive and up to date legal information covering:
This Practice Note has been archived and is not maintained.
Electronic communication provisions extended through deemed consent where that was usual custom of communicating prior to insolvency
New provisions are introduced for creditors to opt out of receiving future communications
Website provisions extended to allow single notification to creditors of website use
The Small Business Enterprise and Employment Act 2015 (SBEEA 2015) introduced changes to the way in which creditors may be communicated with during an insolvency appointment. These provisions are given effect through the Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016).
Provisions allowing the office-holder to communicate electronically have been available since 2010. These allowed the office-holder to communicate electronically where the intended recipient had consented to electronic delivery.
IR 2016 extend those provisions by allowing the office-holder to communicate electronically with a creditor, where the insolvent debtor and the creditor were accustomed to communicating electronically prior to the insolvency commencing, the creditor having deemed to have consented to electronic communication.
IR 2016, SI 2016/1024, Part 1, Chapter 9.1 deals with the delivery of documents and opting out. The office-holder must, in their first communication with a creditor, inform the creditor of their right to opt-out of further communications relating to the insolvency proceeding in question.
The communication must contain:
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