Range: Insolvency (2017) Companies

Efis No.39/2017

April 2017

AM01 – Notice of administrator’s appointment AM01(CONT) – Notice of administrator’s appointment - continuation page AM02 – Notice of statement of affairs in administration AM03 – Notice of administrator’s proposals AM04 – Notice of extension of time to deliver administrator’s proposals AM05 – Notice of extension of time to seek approval of administrator’s proposals AM06 – Notice of approval of administrator’s proposals AM07 – Notice of creditor’s decision on administrator’s proposals AM08 – Notice of revision of administrator’s proposals AM09 – Notice of result of creditors’ decision on revised administrator’s proposals AM10 – Notice of administrator’s progress report AM11 – Notice of appointment of replacement or additional administrator AM12 – Notice of Order limiting disclosure of statement of affairs or proposals in administration AM13 – Notice of rescission or amendment of order limiting disclosure of statement of affairs or proposals in administration AM14 – Notice of an order to dispose of charged property in administration AM15 – Notice of resignation of administrator AM16 – Notice of order removing administrator from office AM17 – Notice of vacation of office when administrator ceases to be qualified to act AM18 – Notice of deceased administrator AM19 – Notice of extension of period of administration AM20 – Notice of automatic end of administration AM21 – Notice of end of administration AM22 – Notice of move from administration to creditors’ voluntary liquidation AM23 – Notice of move from administration to dissolution AM24 – Notice of court order in respect of date of dissolution AM25 – Notice of court order ending administration CH(Cont) – Continuation Page: Name and address of Insolvency Practitioner COM1 – Notice of establishment of creditors’ or liquidation committees (Court order wind up, CVL & receivership) COM2 – Notice of change of membership of a creditors’ or liquidation committee COM3 – Notice of continuation of creditors’ committee in winding up by Court following administration COM4 - Notice of cessation of liquidation committee in winding up when creditors paid in full COMP1 - Winding Up Petition COMP2 – Verification of the Petition COMP3 – Certificate of Compliance COMP4 – Notice of Persons Intending to Appear COMP5 – List of Appearances (old form 4.10) COMP6 – Petition by Contributory COMP7 – Petition by Office Holder COMP8 – Administration Application CVA1 - Notice of voluntary arrangement taking effect CVA2 – Notice of order of revocation or suspension of voluntary arrangement CVA3 – Notice of supervisor’s progress report in voluntary arrangement CVA4 – Notice of termination or full implementation of voluntary arrangement INR14_10 - Withdrawal of Proof INR14_15(3)(b) - Secured Creditor: Value of Security INR14_17 - Secured Creditor: Redemption by Office Holder INR14_29 - Individual Notices to Creditors of Intended Dividend or Distribution INR14_35 - Notice of Declaration of a Dividend INR14_4 - Proof of Debt - General Form INR15_18 - Request by Creditors for a Decision (Company Winding Up) INR16_3 - Proxy (Specific) (Company Winding Up) INR17_13 - Cessation of Liquidation Committee in a Winding Up When Creditors are Paid in Full INR17_20(8) – Procedure for Request That a Place for a Meeting Should be Specified INR17_21(3) – Procedure for Request that a place for a Meeting should be Specified INR17_22 - Notice Requiring Office Holder to Attend the Creditors’ Committee (Administration and Administrative Receivership) (Paragraph 57(3)(a) of Schedule B1 and Section 49(2)) INR17_29 - Continuation of a Creditors’ Committee INR17_5(1) – Establishment of Committees INR17_5(5) – Notice of Change of Membership of a Committee INR17_7 - Notice of Change of Membership of a Committee INR19_2(a)(i) – Notice of Disclaimer Under Section 315 of the Insolvency Act 1986 INR19_9 - Application by Interested Party for Decision on Disclaimer (Company Winding Up) INR1_38 – Creditors’ Election to Opt Out INR1_38(R) – Creditors’ Election to Opt Out (Company) – Revocation INR2_10(1) – Replacement of the Nominee (Section 2(4) INR2_10(2) – Replacement of the Nominee (Section 2(4) INR2_15(4) – Notice and Advertisement of Beginning of Moratorium INR2_16 - Notice of Continuation of a Moratorium Where Physical Meeting of Creditors is Summoned INR2_17 - Notice of Decision Extending or Further Extending a Moratorium INR2_19(3) - Advertisement of End of Moratorium INR2_21 - Withdrawal of Nominee’s Consent to Act INR2_22(1) - Notice of Intended Application to Replace the Nominee INR2_22(2) – Notice of Intention to Apply for Replacement of the Nominee INR2_23 - Notice of Appointment of Replacement Nominee INR2_25 - Consideration of Proposal Decision Procedure (Company Members) INR2_25(2) – Consideration of Proposal Decision Procedure (Creditors) INR2_29 - Creditors Approval of Modified Proposal Decision Procedure INR2_4 - Consent to Act Where Nominee is not the Liquidator or Supervisor INR2_44 - Termination or Full Implementation of Company Voluntary Arrangement INR3_16 - Notice of Intention to Appoint an Administrator by Holder of Qualifying Floating Charge INR3_17 - Notice of Appointment of an Administrator by holder of a Qualifying Floating Charge INR3_2 - Proposed Administrator’s Statement and Consent to Act INR3_21 - Notice of Appointment of an Administrator by Holder of a Qualifying Floating Charge INR3_23 - Notice of Intention to Appoint an Administrator by Company or Directors INR3_24 - Notice of Appointment of an Administrator by [The Directors of] a Company (Where a Notice of Intention to Appoint Has Been Given) INR3_25 - Notice of Appointment of an Administrator by [The Directors of] a Company (Where a Notice of Intention to Appoint Has Not Been Given) INR3_29 – Notice Requiring Statement of Affairs INR3_30 - Statement of Affairs INR3_31 - Statement of Affairs: Statement of Concurrence INR3_39 – Invitation to Creditors to Form a Liquidation Committee INR3_55 – Notice of Automatic End of Administration INR3_56 – Notice of End of Administration INR3_63 – Notice of Intention to Resign as Administrator INR3_64 – Notice of Resignation by Administrator INR3_67 – Notice of Deceased Administrator INR5_11 - Notice of Deceased Liquidator INR5_2 - Appointment by Creditors or by the Company INR5_6 - Liquidator's Resignation INR5_9 - Delivery of Draft Final Account to Members (Section 94) INR6_11 – Nomination of Liquidator and Information to Creditors on Conversion from Members’ Voluntary Winding Up (rule 6.11) INR6_12 – Creditors’ Decision on Appointment Other than at a Meeting (Conversation from Members’ VoluntaryWinding Up) (rule 6.12) INR6_13 – Information to Creditors and Contributories (Conversion of Members’ Voluntary Winding Up Into Creditors’ Voluntary Winding Up) (rule 6.13) INR6_14 – Information to Creditors and Appointment of Liquidator under Section 100 (rule 6.14) INR6_19 – Invitation to Creditors to Form a Liquidation Committee (rule 6.19) INR6_2 – Statement of Affairs (rule 6.2) INR6_20 – Appointment by Creditors or by the Company (rule 6.20) INR6_25 – Liquidator’s Resignation and/or Replacement Deemed Consent (rule 6.25) INR6_28 – Notice Accompanying Final Account Prior to Dissolution (rule 6.28) INR6_29 – Notice of Deceased Liquidator (rule 6.29) INR6_3 – Statement of Affairs by directors under section 99(1) of the Insolvency Act 1986 (rule 6.3) INR6_33 – Application by Former Liquidator for Release Section 173(2)(b) (rule 6.33) INR6_5 – Statement of Concurrence (rule 6.5) INR7_100 – Request by a Contributory for a Public Examination (Company Winding Up) Notice to Official Receiver INR7_19 – Notice of Adjournment INR7_23 – Petition Dismissed INR7_36 – Notice of Appointment of Provisional Liquidator INR7_39 – Termination of Appointment INR7_41 – Statement of Affairs (Company Winding Up) INR7_42 – Company Winding Up Statement of Affairs INR7_53 – Appointment of Liquidator by Creditors or Contributories INR7_55 – Invitation to Creditors/Contributories to form a Form a Liquidation Committee INR7_61 – Liquidator’s Resignation and/or Replacement Deemed Consent INR7_62 – Notice to Official Receiver of Intention to Vacate Office INR7_63 – Decision of Creditors to Remove Liquidator INR7_67 – Notice of Deceased Liquidator INR7_68 – Loss of Qualification as Insolvency Practitioner INR7_69 – Liquidator’s Application to Secretary of State for Release (person other than Official Receiver) INR7_71 – Notice Accompanying Final Account Prior to Dissolution (Section 146) INR7_90 – Making and Enforcement of the Call INR7_99 – Request by a Creditor for a Public Examination (Company Winding Up) Notice to Official Receiver LIQ01 - Notice of statutory declaration of solvency (MVL) LIQ02 – Notice of statement of affairs LIQ03 – Notice of progress report in voluntary winding up (old form 4.68) LIQ04 – Notice of order deferring the date of dissolution in MVL and CVL LIQ05 – Notice of order limiting disclosure of statement of affairs in CVL LIQ06 – Notice of liquidator’s resignation in MVL or CVL LIQ07 – Notice of removal of liquidator by creditors LIQ08 – Notice of loss of qualification of insolvency practitioner in MVL and CVL LIQ09 – Notice of deceased liquidator in MVL or CVL LIQ10 – Notice of removal of liquidator by court in MVL & CVL LIQ11 – Notice of removal of liquidator by company meeting in MVL LIQ13 – Notice of final account prior to dissolution in MVL LIQ14 – Notice of final account prior to dissolution in CVL NOCP - Notice of an order under section 176A(5) REC1 - Notice of administrative receiver’s report REC2 - Notice of summary of receipts and payments by administrative receiver, receiver or receiver manager REC3 - Notice of order of disposal of charged property in administrative receivership REC4 - Notice of statement of affairs in administrative receivership REC5 - Notice of deceased administrative receiver RM02 - Notice of ceasing to act as an administrative receiver, receiver or manager WU01 – Notice of court order in a winding up WU02 – Notice of order of appointment of provisional liquidator in a winding up by the court WU03 – Notice of termination of appointment of provisional liquidator in winding up by the court WU04 – Notice of appointment of liquidator in a winding-up by the court WU07 – Notice of progress report in a winding up by the court WU13 – Notice of order of the court on appeal against Secretary of State’s decision in a winding up by the court WU14 – Notice of order for removal of liquidator by court in a winding up by the court WU15 – Notice of final account prior to dissolution in a winding up by the court INR5_1 - Statutory Declaration of Solvency INR5_12 - Notice of Loss of Qualification as Insolvency Practitioner NDISC – Notice of disclaimer under section 178 of the Insolvency Act 1986 SD1 - Statutory Demand under Section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986 VAM1 – Notice of commencement of moratorium VAM2 – Notice of continuation of moratorium VAM3 – Notice of decision extending or further extending a moratorium VAM4 – Notice of court order extending or further extending or continuing or renewing a moratorium VAM5 – Notice of withdrawal of nominee’s consent to act VAM6 – Notice of appointment of replacement nominee VAM7 – Notice of end of moratorium VAMC – Notice of a court order in respect of a voluntary arrangement or moratorium

The Insolvency (England and Wales) Rules 2016 will came into force on 6th April 2017 and supersede the Insolvency Rules 1986.

Insolvency practitioners can access the 2016 Rules by following the link below to the website below: www.legislation.gov.uk/uksi/2016/1024/contents/made

Unlike the 1986 Rules, the 2016 Rules only prescribe the contents of the new forms to be used and not their actual wording.

In particular, the 2016 Rules prescribe detailed procedures for the conduct of all company and personal insolvency proceedings in England and Wales under the Insolvency Act 1986.

As a result of these 2016 Rules, Companies House (CH), the Insolvency Service (InS) and the High Court (HC) have each amended some of the new forms which should be used on and after 6th April whilst Oyez has created other forms which may also need to be used under the 2016 Rules but which CH, InS and HC have declined to produce.

CH has drafted the forms CVA1-CVA4, VAM1-VAMC, AM01-AM25, REC1-REC5, LIQ01-LIQ12, WU01-WU15, COM1-COM4, NDISC and NCOP for different aspects of the new procedures for insolvent companies.

The High Court has drafted the SD1 and COMP1-COMP12 forms whilst the Insolvency Service has created the IN1_38, IN7_41, IN7_42, IN7_99, IN7_100, IN14_4, IN15_8 and IN19_9 forms.

In addition, Oyez has published its own forms to meet the requirements of the 2016 Rules.

To assist practitioners, the numbers of Oyez’s own forms reflect the relevant number of the rule as it appears in the Insolvency (England and Wales) Rules 2016.

Oyez strongly advises insolvency practitioners to consult the transitional arrangements which are contained in the Insolvency (England and Wales) Rules 2016 as to the circumstances in which the old insolvency-company forms can be used after 6th April.

We understand that the 2016 Rules apply to all new insolvency proceedings which are begun on and after 6th April so where insolvency proceedings began before 6th April, there may be some circumstances where the old insolvency-company forms may still be used.

However, practitioners must satisfy themselves when these circumstances might apply by referring to the transitional arrangements contained within the Insolvency (England and Wales) Rules 2016. ______Configure Active Library OyezForms can be configured to a fully automated library management. Once configured, Oyezforms will automatically contact our server and synchronise your form titles against our central database. Visit https://oyezforms.co.uk/help_installation_ALconfig.asp ______Case Management Notice The recommended method for merging data with OyezForms is via 'Field Label' identities, rather than 'Field Numbers'. TOOLS>PRINT ID LABELS will print a list for each form. ______OyezForms V11.01F OyezForms version 11 introduces enhanced text formatting. This requires extra information to be stored in the saved file format. Files created or edited in version 11 cannot be opened in earlier versions of OyezForms. If you upgrade, you should ensure that all users will be running version 11.01A or above. For further information, please visit: http://www.oyezforms.co.uk/help_enhanced_text_formating.asp ______If you have any problems please contact Oyez Legal Software Technical Support on 08450 17 55 17