The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—transitional and savings provisions
Produced in partnership with Eileen Maclean of Insolvency Support Services
The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—transitional and savings provisions

The following Restructuring & Insolvency practice note produced in partnership with Eileen Maclean of Insolvency Support Services provides comprehensive and up to date legal information covering:

  • The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—transitional and savings provisions
  • Coronavirus (COVID-19)
  • Requirement for office-holder to provide information to creditors on opting out
  • Electronic communication
  • Statements of affairs
  • Savings in respect of meetings taking place on or after the commencement date and resolutions by post (in liquidation) and correspondence (in administration)
  • Savings in respect of final meetings in a liquidation taking place on or after the commencement date
  • Progress reports and statements to the Registrar of Companies
  • Foreign currency
  • General powers of liquidator
  • More...

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—transitional and savings provisions

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082 were laid before the UK Parliament on 15 October 2018 and are in force from 6 April 2019.

The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 (ISRWR 2018), SSI 2018/347 were laid before the Scottish Parliament on 14 November 2018 and are in force from 6 April 2019.

The reason for two sets of rules reflects the devolved settlement and respective responsibilities of the Scottish and UK parliaments for corporate insolvency processes. Accordingly, certain parts of each set of rules are mirrored and reference to the both sets of rules is given where parts and rules are in common.

The ISCVAAR 2018, SI 2018/1082 and the ISRWR 2018, SSI 2018/347 are intended to modernise and consolidate the Insolvency (Scotland) Rules 1986 (ISR 1986), SI 1986/1915 and the various amending statutory instruments made since ISR 1986, SI 1986/1915 came into force, as well as the Receivers (Scotland) Regulations 1986 (RSR 1986), SI 1986/1917. Subject to certain transitional provisions, the ISCVAAR 2018, SI 2018/1082 and the ISRWR 2018, SSI 2018/347 completely replace the ISR 1986, SI 1986/1915 and the RSR 1986, SI 1986/1917 for all existing and new Scottish corporate insolvency cases from 6

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