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The Insolvency Rules (Northern Ireland) 1991

Type Ni-Statutory-Rule

Publication 1991-08-05

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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articles Not indexed

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Notice of intended dividend

11.02

(1) Before declaring a dividend, the responsible insolvency practitioner shall give notice of his intention to do so to all creditors whose addresses are known to him and who have not proved their debts.

(2) Before declaring a first dividend, the responsible insolvency practitioner shall, unless he has previously by public advertisement invited creditors to prove their debts, give notice of the intended dividend by public advertisement.

(3) Any notice under paragraph (1) and any notice of a first dividend under paragraph (2) shall specify a date (“the last date for proving”) up to which proofs may be lodged. The date shall be the same for all creditors, and not less than 21 days from that of the notice.

(4) The responsible insolvency practitioner shall in the notice state his intention to declare a dividend (specified as interim or final, as the case may be) within the period of 4 months from the last date for proving.

Final admission/rejection of proofs

11.03

(1) The responsible insolvency practitioner shall, within 7 days from the last date for proving, deal with every creditor's proof (in so far as not already dealt with) by admitting or rejecting it in whole or in part, or by making such provision as he thinks fit in respect of it.

(2) The responsible insolvency practitioner is not obliged to deal with proofs lodged after the last date for proving; but he may do so, if he thinks fit.

Postponement or cancellation of dividend

11.04

If in the period of 4 months referred to in Rule 11.02(4)—

(a) the responsible insolvency practitioner has rejected a proof in whole or in part and application is made to the court for his decision to be reversed or varied, or

(b) application is made to the court for the responsible insolvency practitioner's decision on a proof to be reversed or varied, or for a proof to be expunged, or for a reduction of the amount claimed,

the responsible insolvency practitioner may postpone or cancel the dividend.

Decision to declare dividend

11.05

(1) If the responsible insolvency practitioner has not, in the 4 month period referred to in Rule 11.02(4), had cause to postpone or cancel the dividend, he shall within that period proceed to declare the dividend of which he gave notice under that Rule.

(2) Except with the leave of the court, the insolvency practitioner shall not declare the dividend so long as there is pending any application to the court to reverse or vary a decision of his on a proof, or to expunge a proof or to reduce the amount claimed.

(3) If the court gives leave under paragraph (2), the responsible insolvency practitioner shall make such provision in respect of the proof in question as the court directs.

Notice of declaration

11.06

(1) The responsible insolvency practitioner shall give notice of the dividend to all creditors who have proved their debts.

(2) The notice shall include the following particulars relating to the insolvency and the administration of the insolvent estate—

(a) amounts realised from the sale of assets, indicating (so far as practicable) amounts raised by the sale of particular assets;

(b) payments made by the responsible insolvency practitioner in the administration of the insolvent estate;

(d) the total amount to be distributed, and the rate of dividend;

(e) whether, and if so when, any further dividend is expected to be declared.

(3) The dividend may be distributed simultaneously with the notice declaring it.

(4) Payment of dividend may be made by post, or arrangements may be made with any creditor for it to be paid to him in another way, or held for his collection.

(5) Where a dividend is paid on a bill of exchange or other negotiable instrument, the amount of the dividend shall be endorsed on the instrument, or on a certified copy of it, if required to be produced by the holder for that purpose.

Notice of no, or no further, dividend

11.07

If the responsible insolvency practitioner gives notice to creditors that he is unable to declare any dividend or (as the case may be) any further dividend, the notice shall contain a statement to the effect either—

(a) that no funds have been realised, or

(b) that the funds realised have already been distributed or used or allocated for defraying the expenses of administration.

Proof altered after payment of dividend

11.08

(1) If after payment of dividend the amount claimed by a creditor in his proof is increased, the creditor is not entitled to disturb the distribution of the dividend; but he is entitled to be paid, out of any money for the time being available for the payment of any further dividend, any dividend or dividends which he has failed to receive.

(2) Any dividend or dividends payable under paragraph (1) shall be paid before the money there referred to is applied to the payment of any such further dividend.

(3) If, after a creditor's proof has been admitted, the proof is withdrawn or expunged, or the amount of it is reduced, the creditor is liable to repay to the responsible insolvency practitioner, for the credit of the insolvent estate, any amount overpaid by way of dividend.

Secured creditors

11.09

(1) Paragraphs (2) and (3) apply where a creditor re-values his security at a time when a dividend has been declared.

(2) If the revaluation results in a reduction of his unsecured claim ranking for dividend, the creditor shall forthwith repay to the responsible insolvency practitioner, for the credit of the insolvent estate, any amount received by him as dividend in excess of that to which he would be entitled having regard to the revaluation of the security.

(3) If the revaluation results in an increase of his unsecured claim, the creditor is entitled to receive from the responsible insolvency practitioner, out of any money for the time being available for the payment of a further dividend, before any such further dividend is paid, any dividend or dividends which he has failed to receive, having regard to the revaluation of the security but he is not entitled to disturb any dividend declared (whether or not distributed) before the date of the revaluation.

Disqualification from dividend

11.10

If a creditor contravenes any provision of the Order or the Rules relating to the valuation of securities, the court may, on the application of the responsible insolvency practitioner, order that the creditor be wholly or partly disqualified from participation in any dividend.

Assignment of right to dividend

11.11

(1) If a person entitled to a dividend gives notice to the responsible insolvency practitioner that he wishes the dividend to be paid to another person, or that he has assigned his entitlement to another person, the responsible insolvency practitioner shall pay the dividend to that other accordingly.

(2) A notice given under this Rule must specify the name and address of the person to whom payment is to be made.

Preferential creditors

11.12

(1) Subject to paragraph (2), this Part applies with respect to any distribution made in the insolvency to preferential creditors, with such adaptations as are appropriate considering that such creditors are of a limited class.

(2) The notice by the responsible insolvency practitioner under Rule 11.02, where a dividend is to be declared for preferential creditors, need only be given to those creditors in whose case he has reason to believe that their debts are preferential, and public advertisement of the intended dividend need only be given if the responsible insolvency practitioner thinks fit.

Debt payable at future time

11.13

(1) Where a creditor has proved for a debt of which payment is not due at the date of the declaration of dividend, he is entitled to dividend equally with other creditors, but subject to paragraphs (2) and (3).

(2) For the purpose of dividend (and for no other purpose), the amount of the creditor's admitted proof (or, if a distribution has previously been made to him, the amount remaining outstanding in respect of his admitted proof) shall be reduced by a percentage calculated as follows—

$$I×M12$ where I is 5 per cent. and M is the number of months (expressed, if need be, as, or as including, fractions of months) between the declaration of dividend and the date when payment of the creditor's debt would otherwise be due.$

(3) Other creditors are not entitled to interest out of surplus funds under Article 160(2) or (as the case may be) 300(4) until any creditor to whom paragraphs (1) and (2) apply has been paid the full amount of his debt.

PART 12 — MISCELLANEOUS AND GENERAL

Power of Department to regulate certain matters

12.01

(1) Pursuant to paragraph 27 of Schedule 5 to the Order, and paragraph 28 of Schedule 6 to the Order, the Department may, subject to the Order and the Rules, make regulations with respect to any matter provided for in the Rules as relates to deeds of arrangement, the Insolvency Account or the carrying out of the functions of a liquidator, provisional liquidator, administrator or administrative receiver of a company, an interim receiver appointed under Article 259, of the official receiver while acting as receiver or manager under Article 260 or of a trustee of a bankrupt's estate, including, without prejudice to the generality of the foregoing, provision with respect to the matters arising in companies winding up and individual bankruptcy set out in paragraph (2) and the matters arising in deeds of arrangement set out in paragraph (3).

(2) The matters arising in companies winding up and individual insolvency referred to in paragraph (1) are—

(a) the preparation and keeping by liquidators, trustees, provisional liquidators, interim receivers and the official receiver, of books, accounts and other records, and their production to such persons as may be authorised or required to inspect them;

(b) the auditing of liquidators' and trustees' accounts;

(c) the manner in which liquidators and trustees are to act in relation to the insolvent company's or bankrupt's books, papers and other records, and the manner of their disposal by the responsible insolvency practitioner or others;

(d) the supply—

(i) in company insolvency, by the liquidator to creditors and members of the company, contributories in its winding up and the liquidation commitee, and

(ii) in individual insolvency, by the trustee to creditors and the creditors' committee,

of copies of documents relating to the insolvency and the affairs of the insolvent company or individual (on payment, in such cases as may be specified by the regulations, of the specified fee);

(e) the manner in which insolvent estates are to be distributed by liquidators and trustees, including provision with respect to unclaimed funds and dividends;

(f) the manner in which moneys coming into the hands of a liquidator or trustee in the course of his administration are to be handled and, in the case of a liquidator, invested, and the payment of interest on sums which, in pursuance of regulations made by virtue of this sub-paragraph, have been paid into the Insolvency Account;

(g) the amount (or the manner of determining the amount) to be paid to the official receiver by way of remuneration when acting as provisional liquidator, liquidator, interim receiver or trustee.

(3) The matters arising in deeds of arrangement referred to in paragraph (1) are—

(a) the endorsement, execution and certification of the deed;

(b) the assent of creditors required by Article 215;

(c) the preparation and keeping of financial records by trustees and the production and inspection of such records by the Department;

(d) the statement to be sent to creditors pursuant to Article 222(1)(a);

(e) the dispensing by a majority of creditors with the giving of security by the trustee;

(f) the auditing of trustees' accounts.

(4) Any reference in paragraphs (1) and (2) to a trustee includes a reference to the official receiver when acting as receiver and manager under Article 260.

(5) Regulations made pursuant to paragraph (1) may—

(a) confer a discretion on the court;

(b) make non-compliance with any of the regulations a criminal offence;

(d) contain such incidental, supplemental and transitional provisions as may appear to the Department necessary or expedient.

Costs

12.02

All costs incurred in the course of winding up or bankruptcy proceedings are to be regarded as expenses of the winding up or, as the case may be, of the bankruptcy.

Provable debts

12.03

(1) Subject to paragraphs (2) to (5), in both winding up and bankruptcy, all claims by creditors are provable as debts against the company or, as the case may be, the bankrupt, whether they are present or future, certain or contingent, ascertained or sounding only in damages.

(2) The following are not provable—

(a) in bankruptcy, any fine imposed for an offence, and any obligation arising under an order made in family or domestic proceedings;

(b) in winding up or bankruptcy, any obligation arising under a confiscation order made under Article 4 or 5 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 [^f00032].

(3) In paragraph (2), “fine”, “domestic proceedings” and “family proceedings” have the meanings given by Article 255(8).

(4) The following are not provable except at a time when all other claims of creditors in the insolvency proceedings (other than any of a kind mentioned in this paragraph) have been paid in full with interest under Article 160(2) or, as the case may be, Article 300(4)—

(a) in a winding up or a bankruptcy, any claim arising by virtue of—

(i) section 6(3)(a) of the Financial Services Act 1986 [^f00033], not being a claim also arising by virtue of section 6(3)(b) of that Act, or

(ii) section 61(3)(a) of that Act, not being a claim also arising by virtue of section 61(3)(b) of that Act;

(b) in a winding up or a bankruptcy, any claim arising by virtue of section 49 of the Banking Act 1987 [^f00034];

(c) in a winding up, any claim which by virtue of the Order or any other enactment is a claim the payment of which in a bankruptcy or a winding up is to be postponed.

(5) Nothing in this Rule prejudices any enactment or rule of law under which a particular kind of debt is not provable, whether on grounds of public policy or otherwise.

Notices

12.04

(1) All notices required or authorised by or under the Order or the Rules to be given must be in writing, unless it is otherwise provided, or the court allows the notice to be given in some other way.

(2) Where in any proceedings a notice is required to be sent or given by the official receiver or by the responsible insolvency practitioner, the sending or giving of it may be proved by means of a certificate—

(a) in the case of the official receiver, by him or a member of his staff, and

(b) in the case of the responsible insolvency practitioner, by him, or his solicitor, or a partner or an employee of either of them,

that the notice was duly posted.

(3) In the case of a notice to be sent or given by a person other than the official receiver or responsible insolvency practitioner, the sending or giving of it may be proved by means of a certificate by that person that he posted the notice, or instructed another person (naming him) to do so.

(4) A certificate under this Rule may be endorsed on a copy or specimen of the notice to which it relates.

Quorum at meeting of creditors or contributories

12.05

(1) Any meeting of creditors or contributories in insolvency proceedings is competent to act if a quorum is present.

(2) Subject to paragraph (3), a quorum is—

(a) in the case of a creditors' meeting, at least one creditor entitled to vote;

(b) in the case of a meeting of contributories, at least two contributories so entitled, or all the contributories, if their number does not exceed two.

(3) For the purposes of this Rule, the reference to the creditor or contributories necessary to constitute a quorum is to those persons present or represented by proxy by any person (including the chairman) and in the case of any proceedings under Parts II-VII of the Order includes persons duly represented under Article 383 of the Companies Order.

(4) Where at any meeting of creditors or contributories—

(a) the provisions of this Rule as to a quorum being present are satisfied by the attendance of—

(i) the chairman alone, or

(ii) one other person in addition to the chairman, and

(b) the chairman is aware, by virtue of proofs and proxies received or otherwise, that one or more additional persons would, if attending, be entitled to vote,

the meeting shall not commence until at least the expiry of 15 minutes after the time appointed for its commencement.

Evidence of proceedings at meetings

12.06

(1) A minute of proceedings at a meeting (held under the Order or the Rules) of a person's creditors, or of the members of a company, or of the contributories in a company's liquidation, signed by a person describing himself as, or appearing to be, the chairman of that meeting is admissible in insolvency proceedings without further proof.

(2) The minute is prima facie evidence that—

(a) the meeting was duly convened and held,

(b) all resolutions passed at the meeting were duly passed, and

Documents issuing from Department

12.07

(1) Any document purporting to be, or to contain, any order, directions or certificate issued by the Department shall be received in evidence and deemed to be or (as the case may be) contain that order or certificate, or those directions, without further proof, unless the contrary in shown.

(2) Without prejudice to the foregoing, a certificate by the Department confirming—

(a) the making of any order,

(b) the issuing of any document, or

is conclusive evidence of the matters dealt with in the certificate.

Forms for use in insolvency proceedings

12.08

The forms contained in Schedule 2 shall be used in, and in connection with, insolvency proceedings.

Insolvency practitioner's security

12.09

(1) Wherever under the Rules any person has to appoint, or certify the appointment of, an insolvency practitioner to any office, he is under a duty to satisfy himself that the person appointed or to be appointed has security for the proper performance of his functions.

(2) It is the duty—

(a) of the creditors' committee in companies administration, administrative receivership and bankruptcy,

(b) of the liquidation committee in companies winding up, and

(c) of any committee of creditors established for the purposes of a voluntary arrangement under Part II or VIII of the Order,

to review from time to time the adequacy of the responsible insolvency practitioner's security.

(3) In any insolvency proceedings the cost of the responsible insolvency practitioner's security shall be defrayed as an expense of the proceedings.

Time

12.10

The provisions of Order 3 of the Supreme Court Rules, except rules 3 and 6, apply as regards computation, extension and abridgment of time in respect of anything required or authorised by the Rules to be done.

Service by post

12.11

(1) For a document to be properly served by post, it must be contained in an envelope addressed to the person on whom service is to be effected, and pre-paid for either first or second class post.

(2) A document to be served by post may be sent to the last known address of the person to be served.

(3) Where first class post is used, the document is treated as served on the second business day after the date of posting, unless the contrary is shown.

(4) Where second class post is used, the document is treated as served on the fourth business day after the date of posting, unless the contrary is shown.

(5) The date of posting is presumed, unless the contrary is shown, to be the date shown in the post-mark on the envelope in which the document is contained.

General provisions as to service

12.12

(1) Subject to Rule 12.11 and paragraphs (2) and (3), Order 65 of the Supreme Court Rules applies as regards any matter relating to the service of documents and the giving of notice in insolvency proceedings.

(2) In Order 65, rule 7, the expression “other originating process” does not include any application in insolvency proceedings.

(3) Order 65, rule 9 does not apply.

Service outside the jurisdiction

12.13

(1) Order 11 of the Supreme Court Rules, does not apply in insolvency proceedings.

(2) A bankruptcy petition may, with the leave of the court, be served outside Northern Ireland in such manner as the court may direct.

(3) Where for the purposes of insolvency proceedings any process or order of the court, or other document, is required to be served on a person who is not in Northern Ireland, the court may order service to be effected within such time, on such person, at such place and in such manner as it thinks fit, and may also require such proof of service as it thinks fit.

(4) An application under this Rule shall be supported by an affidavit stating—

(a) the grounds on which the application is made, and

(b) in what place or country the person to be served is, or probably may be found.

Confidentiality of documents

12.14

(1) Where in insolvency proceedings the responsible insolvency practitioner considers, in the case of a document forming part of the records of the insolvency, that—

(a) it should be treated as confidential, or

(b) it is of such a nature that its disclosure would be calculated to be injurious to the interests of the insolvent's creditors or, in the case of a company's insolvency, its members or the contributories in its winding up,

he may decline to allow it to be inspected by a person who would otherwise be entitled to inspect it.

(2) The persons to whom the responsible insolvency practitioner may under this Rule refuse inspection include the members of a liquidation committee or a creditors' committee.

(3) Where under this Rule the responsible insolvency practitioner determines to refuse inspection of a document, the person wishing to inspect it may apply to the court for that determination to be overruled; and the court may either overrule it altogether, or sustain it subject to such conditions (if any) as it thinks fit to impose.

(4) Nothing in this Rule entitles the responsible insolvency practitioner to decline to allow the inspection of any proof or proxy.

Notices sent simultaneously to the same person

12.15

Where under the Order or the Rules a document of any description is to be sent to a person (whether or not as a member of a class of persons to whom that same document is to be sent), it may be sent as an accompaniment to any other document or information which the person is to receive, with or without modification or adaptation of the form applicable to that document.

Right to copy documents

12.16

Where the Order or the Rules confer a right for any person to inspect documents, the right includes that of taking copies of those documents, on payment—

(a) in the case of documents on the court's file of proceedings, of the fee chargeable under any order made under section 116 of the Judicature (Northern Ireland) Act 1978[^f00035], and

(b) otherwise, of the appropriate fee.

Charge for copy documents

12.17

Where the responsible insolvency practitioner or the official receiver is requested by a creditor, member, contributory or member of a liquidation or creditors' committee to supply copies of any documents he is entitled to require the payment of the appropriate fee in respect of the supply of the documents.

Non-receipt of notice of meeting

12.18

Where in accordance with the Order or the Rules a meeting of creditors or other persons is summoned by notice, the meeting is presumed to have been duly summoned and held, notwithstanding that not all those to whom the notice is to be given have received it.

Right to have list of creditors

12.19

(1) This Rule applies in any of the following proceedings—

(a) proceedings under Part III of the Order (company administration),

(b) a creditors' voluntary winding up, or a winding up by the court, and

(2) In any such proceedings a creditor who under the Rules has the right to inspect documents on the court file also has the right, subject to paragraph (3), to require the responsible insolvency practitioner to furnish him with a list of the insolvent's creditors and the amounts of their respective debts.

(3) Paragraph (2) does not apply if a statement of the insolvent's affairs has been filed in court or, in the case of a creditors' voluntary winding up, been delivered to the registrar of companies.

(4) The responsible insolvency practitioner, on being required by any person to furnish the list, shall send it to him, but is entitled to charge the appropriate fee for doing so.

False claim of status as creditor, etc.

12.20

(1) Where the Rules provide for creditors, members of a company or contributories in a company's winding up a right to inspect any documents, whether on the court's file or in the hands of a responsible insolvency practitioner or other person, it is an offence for a person, with the intention of obtaining a sight of documents which he has not under the Rules any right to inspect, falsely to claim a status which would entitle him to inspect them.

(2) A person guilty of an offence under this Rule is liable to imprisonment or a fine, or both.

The Gazette

12.21

(1) A copy of the Gazette containing any notice required by the Order or the Rules to be gazetted is evidence of any facts stated in the notice.

(2) In the case of an order of the court notice of which is required by the Order or the Rules to be gazetted, a copy of the Gazette containing the notice may in any proceedings be produced as conclusive evidence that the order was made on the date specified in the notice.

(3) Where an order of the court which is gazetted has been varied, and where any matter has been erroneously or inaccurately gazetted, the person whose responsibility it was to procure the requisite entry in the Gazette shall forthwith cause the variation of the order to be gazetted or, as the case may be, a further entry to be made in the Gazette for the purpose of correcting the error or inaccuracy.

Punishment of offences

12.22

(1) Schedule 3 has effect with respect to the way in which contraventions of the Rules are punishable on conviction.

(2) In relation to an offence under a provision of the Rules specified in the first column of the Schedule (the general nature of the offence being described in the second column), the third column shows whether the offence is punishable on conviction on indictment, or on summary conviction, or either in the one way or the other.

(3) The fourth column shows, in relation to an offence, the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in relation to it in the third column (that is to say, on indictment or summarily), a reference to a period of years or months being to a term of imprisonment of that duration.

(4) The fifth column shows (in relation to an offence for which there is an entry in that column) that a person convicted of the offence after continued contravention is liable to a daily default fine; that is to say, he is liable on a second or subsequent conviction of the offence to the fine specified in that column for each day on which the contravention is continued (instead of the penalty specified for the offence in the fourth column of the Schedule).

(5) Article 374 (summary proceedings) has effect in relation to offences under the Rules as to offences under the Order.

SCHEDULE 1 — DEPOSIT PROTECTION BOARD'S VOTING RIGHTS

1

This Schedule applies as does Rule 4.078.

2

In relation to any meeting at which the Deposit Protection Board is under Rule 4.078 entitled to be represented, the Board may submit in the liquidation, instead of a proof, a written statement of voting rights (“the statement”).

3

The statement shall contain details of—

(a) the names of creditors of the company in respect of whom an obligation of the Board has arisen or may reasonably be expected to arise as a result of the liquidation or proposed liquidation;

(b) the amount of the obligation so arising; and

4

The Board's statement shall, for the purpose of voting at a meeting (but for no other purpose), be treated in all respects as if it were a proof.

5

Any voting rights which a creditor might otherwise exercise at a meeting in respect of a claim against the company are reduced by a sum equal to the amount of that claim in relation to which the Board, by virtue of its having submitted a statement, is entitled to exercise voting rights at that meeting.

6

The Board may from time to time submit a further statement, and, if it does so, that statement supersedes any statement previously submitted.

SCHEDULE 2 — FORMS

FORM NO.	TITLE
PART 1: COMPANY VOLUNTARY ARRANGEMENTS	PART 1: COMPANY VOLUNTARY ARRANGEMENTS
1.1	Report of meetings approving voluntary arrangement
1.2	Order of revocation or suspension of voluntary arrangement
1.3	Voluntary arrangement's supervisor's abstract of receipts and payments
1.4	Notice of completion of voluntary arrangement
PART 2: ADMINISTRATION PROCEDURE	PART 2: ADMINISTRATION PROCEDURE
2.01	Petition for administration order
2.02	Consent of administrator(s) to act
2.03	Affidavit of service of petition for administration order
2.04	Administration order
2.05	Notice to administrator of administration order
2.06	Notice of administration order (for newspaper or Belfast Gazette)
2.07	Notice of administration order
2.08	Administration order
2.09	Notice requiring preparation and submission of administration statement of affairs
2.10	Statement of affairs-administration
2.11	Notice to directors and others to attend meeting of creditors
2.12	Notice of creditors' meeting in administration proceedings
2.13	Report of meeting of creditors
2.14	Certificate of constitution [amended certificate] of creditors' committee
2.15	Notice by administrator of a change in committee membership
2.16	Administrator's abstract of receipts and payments
2.17	Notice to court of resignation by administrator under Rule 2.57(1) of the Insolvency Rules (Northern Ireland) 1991
2.18	Notice to court of resignation by administrator under Rule 2.57(2) of the Insolvency Rules (Northern Ireland) 1991
2.19	Notice of order to deal with charged property
2.20	Notice of discharge of administration order
2.21	Notice of variation of administration order
2.22	Statement of administrator's proposals
2.23	Statement of revised proposals and notice of meeting to consider them
2.24	Notice of result of meeting of creditors
PART 3: ADMINSTRATIVE RECEIVERSHIP	PART 3: ADMINSTRATIVE RECEIVERSHIP
3.01	Written acceptance of appointment by receiver
3.02	Notice of appointment of administrative receiver (for newspaper or Belfast Gazette)
3.03	Notice requiring preparation and submission of administrative receivership statement of affairs
3.04	Statement of affairs-administrative receivership
3.05	Statement of affairs in administrative receivership following report to creditors
3.06	Certificate of constitution [amended certificate] of creditor's committee
3.07	Administrative receiver's report as to change in membership of creditors' committee
3.08	Receiver or manager or administrative receiver's abstract of receipts and payments
3.09	Notice of administrative receiver's death
3.10	Notice of order to dispose of charged property
3.11	Notice of resignation of administrative receiver pursuant to Article 55(1) of the Insolvency (Northern Ireland) Order 1989
3.12	Administrative receiver's report
PART 4: COMPANIES WINDING UP	PART 4: COMPANIES WINDING UP
4.01	Statutory demand under Article 103(1)(a) or 185(1) of the Insolvency (Northern Ireland) Order 1989
4.02	Winding-up petition
4.03	Affidavit verifying winding-up petition
4.04	Affidavit of service of winding-up petition at registered office
4.05	Affidavit of service of winding-up petition other than at registered office or on a Part XXIII company
4.06	Advertisement of winding-up petition
4.07	Certificate that relevant provisions of Rules have been complied with
4.08	Order for leave to withdraw winding-up petition
4.09	Notice of intention to appear on petition
4.10	List of persons intending to appear on the hearing of the petition
4.11	Order for winding up by the court
4.12	Order for winding up by the court following upon the discharge of an administration order
4.13	Notice to official receiver of winding-up order
4.14	Petition by contributory
4.15	Notice to official receiver of appointment of provisional liquidator
4.16	Order of appointment of provisional liquidator
4.17	Notice requiring preparation and submission of statement of company's affairs
4.18	Statement of affairs-winding up by court
4.19	Statement of affairs-voluntary liquidator
4.20	Statement of affairs-creditors' voluntary winding up
4.21	Statement of company's affairs to registrar of companies
4.22	Request by creditor(s) for a meeting of the company's creditors [and contributories]
4.23	Notice to creditors of meeting of creditors
4.24	Notice to contributories of meeting of contributories
4.25	Request by contributory/contributories for a meeting of the company's contributories
4.26	Proof of debt-general form
4.27	Affidavit of debt
4.28	Certificate of appointment of liquidator by meeting
4.29	Certificate of appointment of two or more liquidators by meeting
4.30	Order of court appointing liquidator
4.31	Order of court appointing two or more liquidators
4.32	Notice of appointment of liquidator in winding up by the court
4.33	Notice to court of resignation of liquidator following meeting of creditors
4.34	Notice of resignation as voluntary liquidator under Article 145(5) of the Insolvency (Northern Ireland) Order 1989
4.35	Order of court giving liquidator leave to resign
4.36	Copy order of court granting voluntary liquidator leave to resign
4.37	Notice to court of resignation of liquidator following leave of the court
4.38	Certificate of removal of liquidator
4.39	Certificate of removal of voluntary liquidator
4.40	Order of court removing liquidator or directing liquidator to summon a meeting of creditors for the purpose of his removal
4.41	Notice of ceasing to act as voluntary liquidator
4.42	Liquidator's application to the Department of Economic Development
4.43	Notice to court of final meeting of creditors
4.44	Notice of final meeting of creditors
4.45	Notice of death of voluntary liquidator
4.46	Notice to official receiver or Department of Economic Development by liquidator on loss of qualification as insolvency practitioner
4.47	Notice of vacation of office by voluntary liquidator
4.48	Certificate of constitution [amended certificate] of liquidation committee
4.49	Notice of constitution of liquidation committee
4.50	Report by liquidator of any change in membership of liquidation committee
4.51	Liquidator's certificate that creditors paid in full
4.52	Certificate that creditors have been paid in full
4.53	Liquidator's certificate of continuance of liquidation committee
4.54	Notice of disclaimer under Article 152 of the Insolvency (Northern Ireland) Order 1989 4.55 Notice to elect
4.56	Notice of intended disclaimer to interested party
4.57	Affidavit of liquidator in support of application for call
4.58	Order giving leave to make a call
4.59	Notice of call sanctioned by the court or the liquidation committee to be sent to contributory 4.60 Order for payment of call due from contributory
4.61	Order of appointment of special manager
4.62	Order of public examination
4.63	Notice to official receiver by creditor requesting him to make application for the holding of a public examination
4.64	Notice to official receiver by contributory requesting him to make application for the holding of a public examination
4.65	Order as to examination of person who is suffering from mental disorder or physical affliction or disability
4.66	Affidavit of verification of record of the public examination
4.67	Order of adjournment of public examination
4.68	Order appointing time for proceeding with public examination adjourned generally
4.69	Liquidator's statement of receipts and payments
4.70	Order of court on appeal against Department of Economic Development's decision under Article 168(4) or 169(3) of the Insolvency (Northern Ireland) Order 1989
4.71	Members' voluntary winding up declaration of solvency embodying a statement of assets and liabilities
4.72	Return of final meeting in a members' voluntary winding up
4.73	Return of final meeting in a creditors' voluntary winding up
PART 5: INDIVIDUAL VOLUNTARY ARRANGEMENTS	PART 5: INDIVIDUAL VOLUNTARY ARRANGEMENTS
5.1	Order granting stay pending hearing of application for interim order
5.2	Interim order of court under Article 226 of the Insolvency (Northern Ireland) Order 1989
5.3	Order extending effect of interim order
5.4	Alternative orders to be made at hearing to consider chairman's report
PART 6: BANKRUPTCY	PART 6: BANKRUPTCY
6.01	Statutory demand under Article 242(1)(a) of the Insolvency (Northern Ireland) Order 1989-debt for liquidated sum payable immediately: general form
6.02	Statutory demand under Article 242(1)(a) of the Insolvency (Northern Ireland) Order 1989-debt for liquidated sum payable immediately following a judgment or order of a court
6.03	Statutory demand under Article 242(2) of the Insolvency (Northern Ireland) Order 1989-debt payable at future date
6.04	Application to set aside statutory demand
6.05	Affidavit in support of application to set aside statutory demand
6.06	Order setting aside statutory demand
6.07	Creditor's bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately
6.08	Creditor's bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date
6.09	Creditor's bankruptcy petition on certificate of unenforceability of a judgment
6.10	Bankruptcy petition for default in connection with voluntary arrangement
6.11	Bankruptcy petition by the Law Society of Northern Ireland under Article 238(1)(d) of the Insolvency (Northern Ireland) Order 1989
6.12	Affidavit of service of statutory demand where service acknowledged in writing
6.13	Affidavit of personal service of statutory demand where service not acknowledged in writing
6.14	Affidavit of substituted service of statutory demand where service not acknowledged in writing
6.15	Affidavit of truth of statements in bankruptcy petition
6.16	Order for substituted service of bankruptcy petition
6.17	Substituted service of bankruptcy petition-notice in Belfast Gazette/newspaper
6.18	Affidavit of personal service of bankruptcy petition
6.19	Affidavit of substituted service of bankruptcy petition
6.20	Notice by debtor of intention to oppose bankruptcy petition
6.21	Notice of intention to appear on bankruptcy petition
6.22	Certificate of continuing debt on hearing of bankruptcy petition
6.23	List of creditors intending to appear on the hearing of bankruptcy petition
6.24	Dismissal or withdrawal of bankruptcy petition
6.25	Order of adjournment of bankruptcy petition
6.26	Notice to debtor and creditors of order of adjournment of bankruptcy petition
6.27	Order for substitution of petitioner on creditor's petition
6.28	Change of carriage order
6.29	Bankruptcy order on petition other than debtor's
6.30	Debtor's bankruptcy petition
6.31	Statement of affairs (debtor's petition)
6.32	Order of appointment of insolvency practitioner to prepare a report under Article 248(1) of the Insolvency (Northern Ireland) Order 1989
6.33	Bankruptcy order on debtor's petition
6.34	Revocation of certificate for summary administration
6.35	Order of appointment of interim receiver
6.36	Statement of affairs (petition other than debtor's)
6.37	Request by creditor(s) for a meeting of the bankrupt's creditors
6.38	Notice to creditors of meeting of creditors
6.39	Notice to bankrupt of meeting of creditors
6.40	Proof of debt-general form
6.41	Proof by existing trustee as a claim in later bankruptcy
6.42	Affidavit of debt
6.43	Certificate of appointment of trustee by creditors' meeting
6.44	Certificate of appointment of two or more trustees by creditors' meeting
6.45	Order of court appointing trustee
6.46	Order of court appointing two or more trustees
6.47	Notice to court of resignation of trustee following meeting of creditors
6.48	Order of court giving trustee leave to resign
6.49	Notice to court of resignation of trustee following leave of the court
6.50	Certificate of removal of trustee
6.51	Order of court removing trustee or directing trustee to summon a meeting of creditors for the purpose of his removal
6.52	Trustee's application to the Department of Economic Development for his release
6.53	Notice to court of final meeting of creditors
6.54	Notice to official receiver by trustee on loss of qualification as insolvency practitioner
6.55	Certificate of constitution [amended certificate] of creditors' committee
6.56	Report by trustee of any change in membership of creditors' committee
6.57	Order of appointment of special manager
6.58	Order for public examination of bankrupt
6.59	Request by creditor(s) for the holding of public examination of bankrupt
6.60	Order as to examination of bankrupt who is suffering from mental disorder or physical affliction or disability
6.61	Affidavit of verification of record of public examination of bankrupt
6.62	Order of adjournment of public examination of bankrupt
6.63	Order appointing time for proceeding with public examination of bankrupt adjourned generally
6.64	Notice of disclaimer under Article 288 of the Insolvency (Northern Ireland) Order 1989
6.65	Notice to elect
6.66	Notice of intended disclaimer to interested party
6.67	Notice to bankrupt of application under Article 283 of the Insolvency (Northern Ireland) Order 1989 for income payments order
6.68	Order for income claimed under Article 283(3)(a) of the Insolvency (Northern Ireland) Order 1989
6.69	Order for income claimed under Article 283(3)(b) of the Insolvency (Northern Ireland) Order 1989
6.70	Order converting income payments order made under Article 283(3)(a) to an order under Article 283(3)(b) of the Insolvency (Northern Ireland) Order 1989
6.71	Discharge or variation of order for income claimed under Article 283 of the Insolvency (Northern Ireland) Order 1989
6.72	Order under Article 340(1) of the Insolvency (Northern Ireland) Order 1989
6.73	Order under Article 340(2) of the Insolvency (Northern Ireland) Order 1989
6.74	Order of annulment under Article 256 of the Insolvency (Northern Ireland) Order 1989
6.75	Order of suspension of discharge under Article 253(3) of the Insolvency (Northern Ireland) Order 1989
6.76	Order of court lifting suspension of discharge
6.77	Certificate that order suspending discharge has been lifted
6.78	Notice to court by bankrupt that he intends to dispute statements made by official receiver in his report under Article 262(2) of the Insolvency (Northern Ireland) Order 1989
6.79	Order granting absolute/suspended discharge under Article 254(2)(b) or (c) of the Insolvency (Northern Ireland) Order 1989
6.80	Certificate of discharge
6.81	Notice to existing trustee of the presentation of a petition for a later bankruptcy
6.82	Charging order under Article 286 of the Insolvency (Northern Ireland) Order 1989
6.83	Order to Post Office under Article 342 of the Insolvency (Northern Ireland) Order 1989
PART 7: COURT PROCEDURE AND PRACTICE	PART 7: COURT PROCEDURE AND PRACTICE
7.01	Originating application
7.02	Ordinary application
7.03	Declaration by official shorthand writer
7.04	Appointment of shorthand writer to take examination under the Insolvency (Northern Ireland) Order 1989
7.05	Declaration by shorthand writer
7.06	Warrant for failure to attend examination under Article 113 of the Insolvency (Northern Ireland) Order 1989
7.07	Warrant of arrest, etc. under Article 335 of the Insolvency (Northern Ireland) Order 1989
7.08	Warrant of arrest, etc. under Article 200 or 337 of the Insolvency (Northern Ireland) Order 1989
7.09	Order for production of person arrested under warrant issued under Articles 114, 200, 335 or 337 of the Insolvency (Northern Ireland) Order 1989
7.10	Warrant of seizure of property under Article 336 of the Insolvency (Northern Ireland) Order 1989
7.11	Search warrant under Article 336 of the Insolvency (Northern Ireland) Order 1989
7.12	Order of discharge from custody under the Insolvency (Northern Ireland) Order 1989 [general]
7.13	Affidavit in support of application for committal for contempt of court
7.14	Warrant of committal for contempt
7.15	Order of discharge from custody on contempt
7.16	Order appointing person to act for incapacitated person
PART 8: PROXIES AND COMPANY REPRESENTATION	PART 8: PROXIES AND COMPANY REPRESENTATION
8.1	Proxy—company or individual voluntary arrangements
8.2	Proxy—administration
8.3	Proxy—administrative receivership
8.4	Proxy—winding up by the court or bankruptcy
8.5	Proxy—members' or creditors' voluntary winding up
PART 9: EXAMINATION OF PERSONS CONCERNED IN COMPANY AND INDIVIDUAL INSOLVENCY	PART 9: EXAMINATION OF PERSONS CONCERNED IN COMPANY AND INDIVIDUAL INSOLVENCY
9.1	Order under Article 200 or 337 of the Insolvency (Northern Ireland) Order 1989

Form 1.1

Form 1.2

Form 1.3

Form 1.4

Form 2.01

Form 2.02

Form 2.03

Form 2.04

Form 2.05

Form 2.06

Form 2.07

Form 2.08

Form 2.09

Form 2.10

Form 2.11

Form 2.12

Form 2.13

Form 2.14

Form 2.15

Form 2.16

Form 2.17

Form 2.18

Form 2.19

Form 2.20

Form 2.21

Form 2.22

Form 2.23

Form 2.24

Form 3.01

Form 3.02

Form 3.03

Form 3.04

Form 3.05

Form 3.06

Form 3.07

Form 3.08

Form 3.09

Form 3.10

Form 3.11

Form 3.12

Form 4.01

Form 4.02

Form 4.03

Form 4.04

Form 4.05

Form 4.06

Form 4.07

Form 4.08

Form 4.09

Form 4.10

Form 4.11

Form 4.12

Form 4.13

Form 4.14

Form 4.15

Form 4.16

Form 4.17

Form 4.18

Form 4.19

Form 4.20

Form 4.21

Form 4.22

Form 4.23

Form 4.24

Form 4.25

Form 4.26

Form 4.27

Form 4.28

Form 4.29

Form 4.30

Form 4.31

Form 4.32

Form 4.33

Form 4.34

Form 4.35

Form 4.36

Form 4.37

Form 4.38

Form 4.39

Form 4.40

Form 4.41

Form 4.42

Form 4.43

Form 4.44

Form 4.45

Form 4.46

Form 4.47

Form 4.49

Form 4.48

Form 4.50

Form 4.51

Form 4.52

Form 4.53

Form 4.54

Form 4.55

Form 4.56

Form 4.57

Form 4.58

Form 4.59

Form 4.60

Form 4.61

Form 4.62

Form 4.63

Form 4.64

Form 4.65

Form 4.66

Form 4.67

Form 4.68

Form 4.69

Form 4.70

Form 4.71

Form 4.72

Form 4.73

Form 5.1

Form 5.2

Form 5.3

Form 5.4

Form 6.01

Form 6.02

Form 6.03

Form 6.04

Form 6.05

Form 6.06

Form 6.07

Form 6.08

Form 6.09

Form 6.10

Form 6.11

Form 6.12

Form 6.13

Form 6.14

Form 6.15

Form 6.16

Form 6.17

Form 6.18

Form 6.19

Form 6.20

Form 6.21

Form 6.22

Form 6.23

Form 6.24

Form 6.25

Form 6.26

Form 6.27

Form 6.28

Form 6.29

Form 6.30

Form 6.31

Form 6.32

Form 6.33

Form 6.34

Form 6.35

Form 6.36

Form 6.37

Form 6.38

Form 6.39

Form 6.40

Form 6.41

Form 6.42

Form 6.43

Form 6.44

Form 6.45

Form 6.46

Form 6.47

Form 6.48

Form 6.49

Form 6.50

Form 6.51

Form 6.52

Form 6.53

Form 6.54

Form 6.55

Form 6.56

Form 6.57

Form 6.58

Form 6.59

Form 6.60

Form 6.61

Form 6.62

Form 6.63

Form 6.64

Form 6.65

Form 6.66

Form 6.67

Form 6.68

Form 6.69

Form 6.70

Form 6.71

Form 6.72

Form 6.73

Form 6.74

Form 6.75

Form 6.76

Form 6.77

Form 6.78

Form 6.79

Form 6.80

Form 6.81

Form 6.82

Form 6.83

Form 7.01

Form 7.02

Form 7.03

Form 7.04

Form 7.05

Form 7.06

Form 7.07

Form 7.08

Form 7.09

Form 7.10

Form 7.11

Form 7.12

Form 7.13

Form 7.14

Form 7.15

Form 7.16

Form 8.1

Form 8.2

Form 8.3

Form 8.4

Form 8.5

Form 9.1

SCHEDULE 3 — PUNISHMENT OF OFFENCES UNDER THE RULES

Note: In the fourth and fifth columns of this Schedule, “the statutory maximum” means the prescribed sum under section 32 of the Magistrates' Courts Act 1980 (c.43).

Rule creating offence.	General nature of offence.	Mode of prosecution.	Punishment.	Daily default fine (where applicable).
Rule 1.30.	False representation or fraud for purpose of obtaining members' or creditors' consent to proposal for voluntary arrangement.	1. on indictment.	7 years or a fine, or both.
Rule 1.30.	False representation or fraud for purpose of obtaining members' or creditors' consent to proposal for voluntary arrangement.	2. Summary.	6 months or the statutory maximum, or both.
Rule 2.56(4).	Administrator failing to send notification as to progress of administration.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Rule 3.33(5).	Administrative receiver failing to send notification as to progress of receivership.	Summary.	One-fifth of the statutory maximum.	One-fiftieth of the statutory maximum.
Rule 5.33.	False representation or fraud for purpose of obtaining creditors' consent to proposal for voluntary arrangement.	1. On indictment.	7 years or a fine, or both
Rule 5.33.	False representation or fraud for purpose of obtaining creditors' consent to proposal for voluntary arrangement.	2. Summary.	6 months or the statutory maximum, or both.
Rule 12.20.	False representation of status for purpose of inspecting documents.	1. On indictment.	2 years or a fine, or both.
Rule 12.20.	False representation of status for purpose of inspecting documents.	2. Summary.	6 months or the statutory maximum, or both.

NOTE

The note In square brackets at the end of a Rule does not form part of these Rules "E.R." refers to a corresponding Rule in the Insolvency Rules 1986 which apply in England and Wales.

Signed

Mackay of Clashfern, C. — Dated 5th August 1991

The Department of Economic Development hereby concurs with the foregoing Rules.

Sealed with the Official Seal of the Department of Economic Development on 12th August 1991.

A.H. McAlister — Assistant Secretary

The Department of Economic Development hereby concurs with the foregoing Rules.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on 12th August 1991.

R. Warburton — Assistant Secretary

Explanatory note

(This note Is not part of the Rules.)

EXPLANATORY NOTE

These Rules set out the detailed procedure for the conduct of all company and individual insolvency proceedings under the Insolvency (Northern Ireland) Order 1989 and otherwise give effect to that Order. The insolvency proceedings concerned are -

company voluntary arrangements (Part 1 of the Rules),

administration (Part 2),

appointment of receiver or manager; administrative receivership (Part 3),

companies winding up (Part 4),

individual voluntary arrangements (Part 5), and

bankruptcy (Part 6).

Parts 7 to 12 of the Rules apply to both company and individual insolvency proceedings and are concerned with the following matters -

court procedure and practice (Part 7),

proxies and company representation (Part 8),

examination of persons concerned in company and individual insolvency (Part 9),

official receivers (Part 10),

declaration and payment of dividend (winding up and bankruptcy) (Part 11 ), and

miscellaneous and general (Part 12).

The Arrangement of Rules at the beginning of these Rules lists the numbers and contents of all the Rules and Schedules. The Rules come into operation on the day appointed for the coming into operation of Article 359 of the Insolvency (Northern Ireland) Order 1989 and generally apply to all insolvency proceedings commenced on or after that date. The Rules also apply to such proceedings commenced before that date to which provisions of the Insolvency (Northern Ireland) Order 1989 are applied by Schedule 8 to that Order to the extent necessary to give effect to those provisions. In addition, Rules 6.003-CP, 7.30 and 7.31 expressly provide for their application to insolvency proceedings, whenever commenced.

Footnotes

[^f00001]: S.I. 1989/2405 (N.I. 19)

[^f00002]: 1970 c.25 (N.I.) as inserted by S.I. 1989/2405 (N.I. 19), Schedule 9, paragraph 79

[^f00003]: S.I. 1981/226 (N.I. 6)

[^f00004]: S.R. 1991 No. 364

[^f00005]: S.R. 1980 No. 346

[^f00006]: 1987 c.22

[^f00007]: 1983 c.55. as amended by 1985 c.54, section 32 and S.I. 1989/2405 (N.I. 19), Article 381(2) and Schedule 9, paragraph 39

[^f00008]: 1983 c.55, as amended by 1985 c.54, section 32 and S.I. 1989/2405 (N.I. 19), Article 381(2) and Schedule 9. paragraph 39

[^f00009]: 1987 c.22

[^f00010]: 1987 c.22

[^f00011]: 1987 c.22

[^f00012]: S.I. 1975/1503 (N.I. 15)

[^f00013]: 1987 c.22

[^f00014]: S.I. 1986/595 (N.I. 4)

[^f00015]: 1970 c.25 (N.I.) as inserted by S.I. 1989/2405 (N.I. 19) Schedule 9, paragraph 77

[^f00016]: 1970 c.18 (N.I.) as inserted by S.I. 1989/2405 (N.I. 19) Schedule 9, paragraph 72

[^f00017]: S.I. 1981/226 (N.I. 6) as amended by S.I. 1989/2405 (N.I. 19), Schedule 9, paragraph 96

[^f00018]: 1970 c.25 (N.I.) as inserted by S.l. 1989/2405 (N.I. 19), Schedule 9, paragraph 77

[^f00019]: 1872 c.58

[^f00020]: S.I. 1981/226 (N.I. 6)

[^f00021]: 1970 c.25 (N.I.) as inserted by S.I. 1989/2405 (N.I. 19), Schedule 9, paragraph 77

[^f00022]: 1970 c.18 (N.I.) as inserted by S.l. 1989/2405 (N.I. 19), Schedule 9. paragraph 72

[^f00023]: S.I. 1981/226 (N.I. 6) as amended by S.I. 1989/2405 (N.I. 19), Schedule 9, paragraph 96

[^f00024]: S.I. 1975/1503 (N.I. 15) as amended by S.I. 1989/2405 (N.I. 19), Schedule 9, paragraph 86

[^f00025]: S.I. 1986/595(N.I. 4)

[^f00026]: S.I. 1989/2404 (N.I. 18)

[^f00027]: 1970 c.25 (N.I.). Section 3B was inserted by S.I. 1989/2405 (N.I. 19), Schedule 9, paragraph 77

[^f00028]: S.I. 1990/2588 (N.I. 17)

[^f00029]: S.R. 1984 No. 163

[^f00030]: S.R. 1983 No. 310

[^f00031]: S.I. 1986/595 (N.I. 4)

[^f00032]: S. l. 1990/2588 (N.I. 17)

[^f00033]: 1986 c.60

[^f00034]: 1987 c.22

[^f00035]: 1978 c.23

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