Register of Insolvencies
The register of insolvencies is a statutory register about the insolvency of individuals and businesses in Scotland.
What restrictions can be applied in a BRO or BRU?
What restrictions can be applied in a BRO or BRU?
The restrictions which apply to a debtor when a BRU or BRO is granted, are the same restrictions which apply to the debtor during their bankruptcy, and these include:
- The debtor must disclose to a credit provider that they are subject to a BRU/BRO if they, either alone or jointly with another person, wish to get credit of more than £500.
- The debtor must disclose to a credit provider that they are subject to a BRU/BRO if they wish to get credit of any amount and already have debts of £1,000 or more.
- The debtor must disclose to those they wish to do business with the name (or trading style) under which they were made bankrupt.
- The debtor may not act as the Director of a company or take part in its promotion, formation or management unless they get the court’s permission to do so.
- The debtor may not act as an Insolvency Practitioner, or as the Receiver or Manager of the property of a company on behalf of debenture holders.
- There are other restrictions that restrict jobs or positions a debtor can be appointed to.
The BRU and BRO impose these restrictions on the debtor after they have been discharged from bankruptcy for a further period of between 2 and 15 years, depending upon the level of the debtor’s misconduct or dishonesty before and during their bankruptcy. An Interim BRO imposes the restrictions on a debtor until a Sheriff decides if a BRO is to be granted, or not.


