Non Statutory Forms (Post April 2019)

Under the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 (“the Rules”) statutory forms have been replaced with prescribed contents. However, Companies House has forms which must be used when sending information to them, see below.

The standard prescribed content of documents is included in Part 1 to the Rules while any specific content is in the individual rules for each insolvency process or the common parts. Part 1 of the Rules requires to be read in conjunction with any of the individual rules specifying content.

The Accountant in Bankruptcy has produced a suite of non-statutory forms for Receivership and Winding Up. These detail which section of the Insolvency Act or the Rules they relate to and to whom they should be sent. Explanatory notes to the symbols and letters appearing in the body of the form are provided in the margin.

While these non-statutory forms have been provided it remains each insolvency practitioner’s responsibility to ensure that any documents contain all relevant prescribed content.

Companies House has developed it's own forms which must be used when filing the required statutory information with the Registrar of Companies for Scotland, which can be found in the link below

Company House forms for insolvency (Scotland)

The previous statutory forms prescribed by the Insolvency (Scotland) Rules 1986 have been retained on the AiB’s website and can be located here.

Receivership

Members Voluntary Winding Up

Creditors Voluntary Winding Up

Winding Up by Court

Creditors' and Liquidation Committees 

Miscellaneous

 


Receivership

SREC (Rules 2.2, 2.3) - Notice of appointment of receiver by the holder of a floating charge

SREC (Rule 2.4) - Notice of appointment of receiver by the court

SREC (Rule 2.5) - Notice to Company and Creditors of appointment of receiver

SREC (Rule 2.7) - Notice requiring statement of affairs

SREC (Rule 2.8) - Statement of affairs

SREC (Rule 2.9) - Statement of concurrence

SREC (Rule 2.13) - Notice of receiver's report

SREC (Rule 2.16)  - Notice delivering summary of receipts and payments

SREC (Rule 2.17) - Notice receiver's intention to resign

SREC (Rule2.18) - Notice of death of receiver

SREC (Rule 2.19) - Notice receiver's vacation of office

SREC (Section 62(6) - Notice of authorisation to dispose of secured property


Memberships' Voluntary Winding Up

SMVL (Section 89(3) - Notice of declaration of solvency

SMVL (Rule 3.1) - Statutory declaration of solvency

SMVL (Rule 3.5) - Notice to Accountant in Bankruptcy of Liquidator's Resignation

SMVL (Rule 3.6) - Notice of removal of the liquidator by a company meeting

SMVL (Rule 3.7) - Notice of removal of the liquidator by the Court

SMVL (Rule 3.8) - Notice of death of liquidator

SMVL (Rule 3.9) - Notice of vacation of office by liquidator following loss of qualification as insolvency practitioner

SMVL (Rule 3.10) - Application by liquidator to accountant of court for release

SMVL (Rule 3.10) - Notice of release of liquidator by the accountant of court

SMVL (Rule 3.12) - Notice of final account prior to dissolution

SMVL (Section 201(4)) - Notice under section 201(4))

SMVL (Section 112(3) - Notice of a court order sisting proceedings in a members voluntary liquidation

SMVL (Rule 7.7) - Notice of progress report


Creditors' Voluntary Winding Up 

SCVL (Rules 4.2, 4.3,4.4) - Statement of Affairs

SCVL (Rule 4.5) - Statement of concurrence

SCVL (Rule 4.20) - Certificate of appointment of liquidator by creditors or company

SCVL (Rule 4.23) - Notice to Accountant in Bankruptcy of Liquidator’s Resignation

SCVL (Rule 4.24) - Certificate of removal of liquidator by the creditors

SCVL (Rule 4.24) - Notice of removal of liquidator by the creditors

SCVL (Rule 4.25) - Notice of removal of liquidator by the court

SCVL (Rule 4.26) - Notice of death of liquidator

SCVL (Rule 4.27) - Notice of vacation of office by liquidator following loss of qualification as insolvency practitioner

SCVL Rule 4.29) - Application by liquidator to accountant of court for release

SCVL (Rule 4.29) - Notice of release of liquidator by the accountant of court

SCVL (Rule 4.30) - Notice of final account prior to dissolution

SCVL (Section 201(4)) - Notice under section 201(4))

SCVL (Section 112(3) - Notice of a court order sisting proceedings in a Creditors Voluntary Liquidation

SCVL (Rule 7.7) - Notice of progress report

 


Winding up by the court

SWUC (Rule 5.3) - Statutory Demand for Payment of Debt

SWUC (Rules 5.5, 5.6) - Notice of appointment of provisional liquidator

SWUC (Rule 5.10) - Notice of termination of appointment of provisional liquidator

SWUC (Rule 5.12) - Notice requiring statement of affairs

SWUC (Rule 5.13) - Statement of affairs

SWUC (Rule 5.14) - Statement of concurrence

SWUC (Section 130) - Notice of winding up order

SWUC (Rule 5.21) - Notice of appointment of interim liquidator

SWUC (Rule 5.23) - Certificate of appointment of liquidator by creditors or contributories

SWUC (Rule 5.23) - Notice of appointment of liquidator by creditors or contributories

SWUC (Rule 5.26) - Notice of appointment of liquidator by the court

SWUC (Rule 5.27) - Notice to court of liquidator’s resignation

SWUC (Rule 5.27) - Notice to accountant in bankruptcy of liquidator’s resignation

SWUC (Rule 5.28) - Certificate of removal of liquidator by the creditors

SWUC (Rule 5.28) - Notice of removal of liquidator by the creditors

SWUC (Rule 5.29) - Notice of removal of liquidator by the court

SWUC (Rule 5.30) - Notice of death of liquidator

SWUC (Rule 5.31) - Notice of vacation of office by liquidator following loss of qualification as insolvency practitioner

SWUC (Rule 5.32) - Application by liquidator to accountant of court for release

SWUC (Rule 5.32) - Notice of release of liquidator by the accountant of court

SWUC (Rule 5.33) - Notice of final report

SWUC (Sections 204(6) and 205(6)) - Notice under section 204(6) or 205(6)

SWUC (Section 204(4)) - Notice under section 204(4)

SWUC (Rule 7.8) - Notice of progress report

SWUC (Section 147(3)) - Notice of court’s order sisting proceedings in a winding up by the court

 

Creditors' and Liquidation Committees

SCOM (Rule 10.5) - Notice of establishment of creditors’ or liquidation committee

SCOM (Rule 10.7) - Notice of change of membership of creditors’ or liquidation committee

SCOM (Rule 10.13) - Notice of cessation of liquidation committee in a winding up when creditors are paid in full

SCOM (Rule 10.29) - Notice of continuation of creditors’ committee in winding up by court following administration


Miscellaneous

Claim (Rule 7.16) - Statement of claim by creditor

Proxy (Rule 9.3) - In accordance with Rule 9.3 of the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 

SBLOCK (Rule 6.3) - Notice of appointment of liquidator following a block transfer order

SOPT (Rule 1.34) - Creditor's election to opt out

SOPT (Rule 1.34) - Creditor's election to opt out - revocation

SPP (Section 176A) - Notice in respect of order under section 176A

Form 600 - Notice of appointment of liquidator voluntary winding up (members or creditors)