Publication of insolvency information (Formerly - Gazetting and Advertising)

Publication of insolvency information (Formerly - Gazetting and Advertising)                             

April 2009                                                     

Introduction

1.   General policy in the publishing of insolvency matters

The Insolvency Act 1986 (IA 1986) and Insolvency Rules 1986 (IR 1986) require the publication of certain events. Where this is required, and since the Rules changes in April 2009, the general policy is that the notice or order will be published once in the London Gazette, and may also be advertised in such other manner as the person responsible for giving the notice thinks fit.

2.   Transitional provisions

(Amended April 2010)

The Insolvency (Amendment) Rules 2009, came into force on 6 April 2009 and apply to all cases where the date of presentation of the petition was on or after the 6 April 2009. For winding up and bankruptcy cases where the petition was presented before 6th April 2009 the ‘old’ version of the Rules will continue to apply, and the previous version of this Case Help Manual (CHM) part (Gazetting and Advertising) may be followed. To view this CHM part click HERE

On 6 April 2010 the Insolvency (Amendment) Rules 2010 came into force and apply to all cases where the petition was presented on or after 6 April 2010.  These amended rules set out the required contents of any gazette or advertisement that is published by the official receiver. All the templates for the publication of gazettes and advertisements have been revised to include the required contents and these are to be used for all cases from 6 April 2010.  For details of the form templates please refer to the ‘Forms to be Used’ section of this part – click HERE.

In order to comply with the new provisions it is important that all the sections of the template forms for gazette notices (and any advertisements) are fully completed where the information is known.

Part 1 - Publishing in The London Gazette

3.   What is the London Gazette and why does the official receiver use it? (Amended January 2012)

The London Gazette (the Gazette) is a daily publication (Monday to Friday) produced by the Stationery Office, which carries legal and other notices of general interest for circulation.  The IA 1986 and IR 1986 require the official receiver to publish specific matters in the Gazette and this is what is known as ‘gazetting’.

The Gazette has national coverage and can be searched free of charge online (www.gazettes-online.co.uk/.../home.htmx?geotype=London) and so can assist in finding notification of companies or persons that have already entered an insolvency procedure.  The London Gazette’s terms and conditions on placing a notice are available on their website, http://www.london-gazette.co.uk/place-notice.

 

4.   On what occasions is the official receiver required to have a notice published in the Gazette?

(Amended September 2012)

There are a number of matters for publication which must be gazetted by the official receiver. These matters include:

a.   appointment of official receiver as provisional liquidator

Where appointed as provisional liquidator the official receiver is required to publish notice of the appointment (and also termination of appointment, but only if that appointment is not followed by the making of a winding-up order) in the Gazette unless the court orders otherwise.

b.   the making of a winding-up order

On the making of a winding-up order the official receiver is required to have a notice published in the Gazette.

This responsibility remains even where a liquidator other than the official receiver has been appointed by the court. However, no action should be taken until sealed copies of the order are received from the court. See paragraph 10

c.   the making of a bankruptcy order

On the making of a bankruptcy order the official receiver is required to have a notice published in the Gazette.

This responsibility remains even where a trustee other than the official receiver has been appointed by the court. However, no action should be taken until sealed copies of the order are received from the court. See paragraph 10  

d.  first meeting of creditors (and contributories)

If the official receiver is to hold a first meeting of creditors (and contributories), he or she is required to publish a notice of the meeting in the Gazette. See CHM part – Meetings.

e.  a general meeting of creditors (and contributories)

For a general meeting in a company case the official receiver is required to publish notice of the meeting in the Gazette.

For a general meeting in a bankruptcy case where the bankruptcy petition was presented before 6 April 2010 there is no obligation to publish notice in the Gazette unless the official receiver thinks fit.  Where the bankruptcy petition was on or after 6 April 2010 notice of the general meeting must be gazetted.

f.    variation in the court order and correcting errors or inaccuracies in a gazette notice

(Amended December 2014)

This is where an order of the court has been gazetted and since been varied, or where any matter has been erroneously or inaccurately gazetted. If the official receiver was responsible for placing the original entry in the Gazette, then he or she is required to 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. The further entry in the gazette should be actioned as a matter of urgency as failing to do so may cause financial losses to others. The advice of Technical section should be sought on amendments to correct previous errors or inaccuracies.

g.   annulment of a bankruptcy order

Where an order of annulment is made, the former bankrupt is entitled to request, in writing, within 28 days of the making of the annulment order, that the making of the order be published in the Gazette (and also in the same manner as the bankruptcy order may otherwise have been originally advertised). If the request is forthcoming and is made within the 28 day time limit, the official receiver is required to publish a gazette notice. This cost is covered by the administration fee. See CHM part – Annulments, Rescissions and Recalls.

h.   discharge from bankruptcy (updated October 2013)

A discharged former bankrupt is entitled to require the official receiver to publish notice of the discharge in the Gazette (and also advertise it in the same manner as the bankruptcy order may have originally been advertised). The request must be made within 28 days of the date of the certificate of his/her discharge issued by the court.  Where such a request is made within the 28 day time limit the official receiver is required to publish the gazette notice (and any advertisement requested) without delay. For bankruptcy orders made on petitions presented after 5 April 2010 the costs are covered by the administration fee. See CHM part – Discharge from Bankruptcy.

NB  Where the bankruptcy order was made prior to 1 October 2013 and the ‘early discharge process’ has been applied, an order of discharge must not be gazetted until form EDNOT – ‘Notice of Discharge Form 6.82’ has been endorsed by the court and returned to the official receiver.  The early discharge process does not apply to any bankruptcy orders made  on or after 1 October 2013.

i.   notice of first dividend

Before declaring a first dividend the official receiver as liquidator or trustee is required to give notice of the intended dividend in the Gazette, unless the official receiver has previously, by notice in the Gazette, invited creditors to prove their debts. See CHM part – Distributions.

5.    What other matters may be gazetted by the official receiver?   

(Amended April 2010)    

a.   amendment to the ‘title of proceedings’

Following an application to the court to amend the title of bankruptcy proceedings, the official receiver may decide to gazette the amendment. A number of amendments of title have become routine where the changes introduced are minimal or will make no difference to the administration of the case. If there is no benefit to be gained following the minor amendment, it should not be gazetted. It should be noted that no other form of advertising can be done without also gazetting.

b.    notice of a public examination

 Where the court has ordered a public examination the official receiver may decide to publish a notice in the Gazette (see ‘Forms to be used’). Matters to consider would be whether publication will bring the public examination specifically, and the insolvency generally, to the attention of the examinee. A further consideration may be that publication may result in identifying additional creditors and/or the disclosure of useful information from any interested parties. It should be noted that no other form of advertising can be done without also gazetting. For more information see CHM part – Public Examinations.

6.   notice of a ‘stay’ of any proceedings and the publishing of a gazette notice

If the official receiver is notified of an order staying the proceedings or of an order for a stay of advertisement, or notice is received from the court of an application for any stay, the gazette notice for publication must not be generated. If the notice has already been generated, every effort must be made to prevent publication. See CHM parts – Stay of Proceedings and Stay of Advertisement.

7.   How does the official receiver arrange for the gazetting of an insolvency event? (Amended January 2012)

There are currently two systems in operation, this is to be regularised on the introduction of ISCIS.

The electronic system for producing gazettes (events listed as indicated in Forms to be Used- B and L forms) means that the official receiver is only indirectly responsible for the production of gazette notices. It should be noted that the gazette notice does not form part of the initial notices package and must be generated separately. From 6 April 2010 users will find that some information has to be inserted manually in ‘pop up boxes’ as these forms are produced. This is to ensure that the contents meet the requirements of the rules.

Having been created and forwarded electronically, the gazette notice is automatically downloaded to a file that is monitored by CUST. This file is populated by users throughout the day, then at 0500 hours each day the file is automatically formatted. It is then available for the Fees & Data Management (F&DM) team within Estate Accounts Services (EAS) to access and deal with the gazette notices as appropriate. Gazette notices will usually be published two working days after being dealt with by the F&DM team.

Where a Word template Gazette Notice is to be used (see ‘Forms to be Used’) send it as an e-mail attachment to london.gazette@tso.co.uk.   The subject line of the email should contain the relevant account number which can be found in the ISCIS Workbook, and the name of the office that is submitting the advert.

8.  One gazette notice ONLY to be generated and printed off

Only one print of the gazette notice (LOIS document production gazettes) must be made and this should immediately be placed on the office file. If, for any reason, a gazette notice is duplicated via LOIS, the information will be automatically downloaded and forwarded electronically again, which will result in another gazette entry of the same information. If this should occur, contact by e-mail must be made with the F&DM team gpt.gazettestays@insolvency.gsi.gov.uk as soon as possible, to notify them of the error and request that the second entry be removed.

9.   Transfer cases

Where a winding-up or bankruptcy order is transferred from one official receiver’s office to another immediately upon the making of the order, it is the responsibility of the receiving or ‘new’ official receivers office to arrange for the gazetting of the order. Once aware of the transfer and where the gazette notice has not yet been published, the ‘new’ official receivers office should immediately notify the F&DM team of the transfer, by e-mail or by telephone. If the gazette entry has already been made using the old court and number, there is no need to re-gazette it simply because of the new court details, or to notify any change to the F&DM team.

10.   What if an Insolvency Practitioner (IP) was appointed by the court immediately, when the order was made?

Where an IP is appointed liquidator or trustee by the court at the time the order is made, the official receiver is still responsible for the gazetting of the order. The official receiver should generate a standard gazette form, L72.12 –  ‘Gazette Notice - Winding-up order’ or B37.17 – ‘Gazette Notice - Bankruptcy order’ which will include details of the relevant insolvency practitioner, printing off one copy in the normal way. The gazette notice will be forwarded electronically and published in the usual way. The official receiver should not take any action until sealed copies of the order are received from the court.

11.   Prison references, victims of violence, etc.

(Amended April 2010)

Particular care should be taken to ensure that where a bankrupt is in prison at the date the petition is presented, no reference to the prison address is included in the bankruptcy order description. The court should remove the address to prevent the gazetted order including the prison address. If this has not been done prior to the official receiver receiving the bankruptcy order, the official receiver should refer the matter to the court for consideration to be given to amending the order.

This is equally valid where a bankrupt is at risk of violence and makes a request to the court that their location should not be advertised. The Insolvency (Amendment) Rules 2010 formalised the procedure in relation to victims of violence for cases where the bankruptcy petition was made on or after 6 April 2010. The debtor (being a bankrupt or person subject to a bankruptcy restrictions order or bankruptcy restrictions undertaking), official receiver, trustee or the Secretary of State may apply to the court for the debtor’s current address, and any address at which the debtor currently carries on business to be omitted from the bankruptcy description, bankruptcy order, gazette or any advertisement, if they believe that disclosure may lead to violence against the debtor, or persons that reside with them as family members. Care must be taken to ensure that the terms of any such court order are complied with when preparing gazettes and any advertisements.

Part 2  - Publishing (other than in the London Gazette)

(Amended March 2010)

12.  Is the official receiver required to publish (advertise) insolvency matters other than in the Gazette?

As regards the provisions of the IR 1986 relating to the publication of insolvency information, it is generally the case that where publication is required, the relevant notice will be published once in the Gazette and that this should be done as soon as reasonably practicable. There is no automatic requirement that the relevant notice be published in any other place, for example in a newspaper, as was the case prior to the Rule changes in April 2009, this decision is left to the official receiver or other office-holder.

It usually follows that where publication in the Gazette is a requirement, the official receiver (if responsible for the publication) may also advertise the matter in such other manner as he or she thinks fit’. This is known as ‘discretionary advertising’. (There are exceptions to this general principle and these are outlined in paragraph 15).  

13.   When would the official receiver be likely to exercise the discretion to advertise?

Generally speaking, there are very few occasions where it will be appropriate to exercise the discretion to advertise, and the decision to place an advertisement should be the exception. When deciding whether to advertise an insolvency event, the question that should be asked is ‘why advertise’ rather than ‘why not advertise’, and the expense of placing any form of advertisement should be weighed against the likely benefit to be achieved from it. The examiner will advise, and provide specific instructions, regarding the need for any form of discretionary advertising.

There are two main areas where it may be appropriate to exercise the discretion to advertise:

a.   where there has not been a full disclosure

Although the official receiver may have decided not to exercise discretion to advertise at the initial stages of the case there is no time limit on when to exercise the discretion so in, for example, cases of non-surrender or non co-operation the official receiver might decide to place an advertisement of the making of the insolvency order several weeks into the proceedings if this could be expected to reveal significant asset, liability or conduct information or, where the advertisement might have the effect of bringing the proceedings to the attention of the absent director or bankrupt.

b.   where there has been a high level of complaint or public concern

Advertisement after the initial stages of the case may also be appropriate where it becomes apparent that there is a high level of public interest perhaps where the official receiver is receiving calls from individual customers or (ex)employees of the company who are unsure as to the status of the insolvent.

NB:

  • Where the decision to advertise an insolvency event is taken after the Gazette notice relating to that event has already been published, there is no need to re-publish the Gazette notice.
  • In the normal course of events, it would be expected that the decision to advertise notice of the making of an order would be made no later than the time that the CAR(B) is completed.

For more information see Technical Manual (TM) Chapter 5paragraphs 5.40, 5.41, 5.42 and 5.44 and Chapter 15 Part 4.

14.  What methods of advertisement are considered to be acceptable?

Prior to the Rule changes in April 2009 the vast majority of advertisements were placed in a newspaper covering the locality where the insolvent traded and/or resided. There is no reason why, if discretionary advertising is required, that ‘local’ newspapers should not still be used. However, one of the key considerations arising from the Rule changes is to state that where discretion is exercised to advertise a matter, it need not be advertised solely, (or at all), in a newspaper (local or otherwise). Depending on the circumstances, and the target audience, it may be appropriate to consider some other form of advertisement. It is envisaged that the most common alternative to newspaper advertising will be to advertise on the Internet, particularly on the Insolvency Service website. See TM Chapter 5 paragraph 5.53 for more information. 

The examiner will advise on the method and content of any advertisement required. Where there is a decision to advertise any matter, a file note or similar record should be added to the file explaining why the decision to advertise was taken, and why the particular method of advertisement was chosen. The decision may be recorded on the CAR(B). There is no need to record the reasons for a decision not to advertise.

15.  What matters have to be advertised by the official receiver?

Matters that the official receiver has to advertise are:

a.   publication in respect of an annulment application

Where a bankrupt makes an annulment application on the grounds of ‘payment in full’ and either the trustee or official receiver has reported to the court that there are known creditors who have not proved, the court may direct the trustee or, if there is no trustee, the official receiver to advertise the fact that the annulment has been made so that possible creditors may put in their claims within the period stated in the advertisement. See TM Chapter 5 –  paragraph 5.29 for more information.

b.   publication following annulment

Where a bankruptcy is annulled, and the former bankrupt has made a written request within 28 days of the making of the annulment order, that the order is advertised. The advertisement must be in the same manner as the bankruptcy order was originally advertised. This cost is covered by the administration fee. See TM Chapter 5paragraph 5.30 for more information.

c.   publication of calls on contributories

Where the official receiver, as liquidator, obtains a court order authorising a call on contributories, the court may direct that notice be given to the individual contributories concerned, but is only advertised if the court so orders. See TM Chapter 5paragraph 5.32 for more information.

d.   publication following discharge

(Amended April 2010)

When a bankrupt has obtained discharge and has, within 28 days from the date of the certificate of discharge, requested that the discharge be advertised. The advertisement must be in the same manner as the bankruptcy order was originally advertised. This cost is covered by the administration fee. See TM Chapter 5paragraph 5.33 for more information.

16.  The Service’s advertising agents

(Amended July 2011)

The Service has a Service Level Agreement (SLA) with TMP worldwide for the placing of notices of insolvency events in local newspapers when required. If newspaper advertising is required the agents will select from a list of preferred publications and all notices will appear in those newspapers unless the official receiver specifically requests otherwise.

The SLA will be published on the Intranet. Desk instructions for the use of TMPW’s services are also published on the Intranet Here.

Any requests for the publication of insolvency notices should be sent to insolvencyservice@tmpw.co.uk.  The contact telephone number for TMPW is 020 8501 9730.  The people who will be handling the advertising requests will be TMPW’s Birmingham–based account coordinators.  Their names and telephone numbers are- 

  • Ewan Clydesdale       020 8501 9731
  • Laura Browne           020 8501 9735
  • John Watson            020 8501 9701   

17.   How does the official receiver prepare and place an advertisement?

(Amended April 2011)

It is the official receiver’s staff who prepare the advertisement by completing forms NFN 3, NFN 2, NFN 1 or NFN 4. In cases where the petition was presented before 6 April 2010 these forms are available in LOIS (DO73 -selecting the appropriate text infill). For cases with petitions after 6 April 2010 the forms are available in word format only and are attached to this CHM part (see ‘Forms to be Used’). The templates can be completed using the F11 key to move between required fields. Once prepared the forms are forwarded to The Service’s agents, to insolvencyservice@tmpw.co.uk by Thursday 5pm for publication in the following week’s issue. Any notices received after this weekly cut off point, will be held until the next weekly deadline. All e-mails must contain name of the office from which the requests are being sent within the subject bar, i.e. ‘OR Anytown – advertisement requests’. Confirmation of all adverts will be received by the official receiver within two hours, by email.

All advertisement request (NFN) forms are to be prepared as Word document attachments, and a form LCAD, LOIS (DO73) – ‘Letter covering advertisement’ must be prepared for each individual advertisement, and also attached as a Word document to the e-mail, with its relevant NFN form. For more information on this process see from Procedure step 20.

18.   What if an advertisement request is of an urgent nature?

In an emergency where speed is imperative, the agents will accept requests for advertisement by e-mail, but should be preceded by a telephone call using the above contact details.

19.   What if the agents identify ‘apparent’ mistakes in the advertisement?

On receipt of the request, the agent will check the advertisement for mistakes including spelling errors and grammar. Any proposed changes will be notified to the official receiver before implementing them and a copy of the advert sent before publication.

20.  Publication of the advertisements

On receipt of the request, the agents will arrange for the advertisements to be published. The agent will confirm to the local official receiver’s offices those advertisements that have been received by them via e-mail.

Advertisements should be published within 8 days of receipt of the request providing the weekly deadline has been met.

Any request received by the 5pm Thursday “cut off “ point, will be published in the next available issue of the newspaper. Any advert request received after this time will be published in the following week’s issue. Where the official receiver requires an advertisement to be published on a specific date, such request should be included on forms NFN 3, NFN 2 or NFN 1. If there is a problem in complying with such a request, the agent will contact the official receiver without delay.

21.   Invoicing

Invoices are forwarded by the agents directly to Official Receivers’ Business Support (ORBS) on a weekly basis. Payment of invoices has been centralised and is generated by ORBS. The invoices will be issued only after the agent has received proof of publication of the advertisement, which will generally be within 21 days of publication. 

22.   Is a certificate of publication required?

There is no longer a requirement to retain a “certificate of publication” on the office file or to file a copy at court. Where, exceptionally, a certificate of publication is required, requests can be made to Tribal but note that doing so could incur extra cost to The Service. 

23.  What happens where there is an order for a stay of advertisement or a stay of proceedings?

As with gazetting, the official receiver may not place any advertisements relating to cases where a director, partner or a bankrupt etc. has obtained a stay of advertisement or a stay of proceedings. Where the agents have already been asked to place an advertisement, they should be contacted immediately so that the necessary steps can be taken to withdraw it.

Requests to the agents for cancellation should be made by e-mail, but in an emergency, when e-mail is not available, cancellations can be made by telephone provided they are confirmed later by e-mail. The agents will treat cancellation requests as a matter of urgency and where the advert has not been sent to the publisher and has not been typeset or prepared for publication, no charge will be made.

Any paper copy of the advertisement already placed on the file should be removed and destroyed immediately to prevent any later misunderstanding. 

24.   What happens where an advertisement is incorrect?

Once the official receiver receives details of the publication the advertisements must be checked for any errors. Any errors of a material kind, such as incorrect name or incorrect address will need to be rectified by publication of a correct notice.

Where the errors are the fault of the official receiver, the details should be advertised again, correctly, at the official receiver’s expense. Where the error can be attributed to the agent or the particular newspaper, if a newspaper is used, the agents will notify the originating official receiver of the error and arrange for the notice to be re-advertised at no cost to the official receiver.

25.   Can creditors be given notice of a meeting by public advertisement rather than by individual notices?

Generally, where meetings are called by the official receiver, each creditor (and contributory) is entitled to an individual notice. However, the official receiver has the right to ask the court to order that the requirement for individual notices be dispensed with and that the notice be given by public advertisement. This may be appropriate in a case with a large number of creditors, particularly where the debts outstanding are small and the immediately realisable assets are of little value.

Notes 

a   Tribal will provide estimates for the costs for advertisements if requested to do so (mainly for annulments and discharge). The request should be made to the agents with the request for the advertisement. It must be made clear to the agents that an estimate is required before publication.

b   As some gazette notices and advertisements are produced from LOIS, ensure that abbreviations are not used when entering the insolvency details onto the system in the initial stages. For further information see CHM part – Initial Notices and Letters.  Where there appears to be inaccuracies in what has been input to LOIS, check the file, with the court or with the petitioner for clarification, before taking any further action.

 

Where can I find out more?

Insolvency Act 1986

Section 133 – Public examination of officers

Section 140 – Appointment by the court following administration or voluntary arrangement

Section 279 – Duration (to discharge)

Section 280 – Discharge by order of the court

Section 282 – Court’s power to annul bankruptcy order

Section 290 – Public examination of bankrupt

Section 297 – Special cases (of trustee in bankruptcy) 

Insolvency Rules 1986,  The Insolvency (Amendment) Rules 2009 and The Insolvency (Amendment) Rules 2010

Rule 4.21(4 & 5) – Advertisement - (Gazetting and advertisement of a winding up order)

Rule 4.50(5 & 5A) – Advertisement - (Gazetting and advertising First Meeting notices, winding up)

Rule 4.54(6 & 7) – General power to call meetings - (Gazetting and advertising, winding up)

Rule 6.34(2 & 2A) – Official receiver to send notice etc - (Gazetting and advertising etc, of a bankruptcy order – creditor’s petition)

Rule 6.35(3 & 4) – Where amendment order made - (Gazetting and advertising an amendment order of title – creditor’s petition)

Rule 6.46(2 & 2A) – Official receiver to send notice etc - (Gazetting and advertising of a bankruptcy order – debtor’s petition)

Rule 6.47(3 & 4) – Where amendment order made - (Gazetting and advertising an amendment of title – debtor’s petition)

Rule 6.79(5 &5A) – Advertisement - (Gazetting and advertising First Meeting notices, bankruptcy)

Rule 6.81(4 & 5) – General power to call meetings - (Gazetting and advertising, bankruptcy)

Rule 6.213(3 &3A) – Requiring advertisement of order - (Gazetting and advertising an annulment under Section 282)

Rule 6.235(B) Persons at Risk of Violence

Rule 5.60 (3 7 3A) - Requiring advertisement of order - (Gazetting and advertising an annulment under Section 261 or 263D)

Rule 6.220(2 &2A) – Requiring advertisement of discharge - (Gazetting and advertising discharge from bankruptcy)

Rule 11.2 – Public advertisement - (Gazetting and advertising, Notice of intended dividend)

Rule 12A.33 to 12A.37 – Contents of Notices to be gazetted under the Act or Rules

Rule 12A.38 to 12A.41 Notices otherwise advertised under the Act or Rules

Technical Manual

Chapter 5 – Publication of insolvency information (Formerly - Gazetting and Advertising) 

Case Help Manual

Annulments, Rescissions and Recalls

Discharge from bankruptcy

Distributions

Initial Notices and Letters

Meetings

Public Examinations

Stay of Advertisement

Stay of Proceedings      

ORBS Intranet Site      

Contract information – Tribal Desk Instructions

Forms to be used

(Amended April 2010)

Gazette Notices available as Uniplex forms are as follows:

L72.12 – Gazette Notice – Winding-up order

L72.24 – Gazette Notice Winding-up order (Partnership case - Partnership)

B37.17 – Gazette notice – Bankruptcy Order

B37.18 – Gazette notice – Amendment of title of proceedings

B37.34 – Gazette notice Bankruptcy Order (partnership case [creditor’s petition])

B37.35 – Gazette notice – Bankruptcy Order (partnership case [debtor’s petition])

Gazette Notices in Word template form:

  1. Appointment of Provisional Liquidator   
  2. Termination of appointment of Provisional Liquidator     
  3. First Meeting company case   
  4. First Meeting bankruptcy case  
  5. General Meeting company case   
  6. General Meeting bankruptcy case   
  7. Public Examination company case  
  8. Public Examination bankruptcy case 
  9. Intended First Dividend - company case  
  10. Intended First Dividend - bankruptcy case    
  11. Bankruptcy Order Annulled under section 261 or 263D  
  12. Bankruptcy Order Annulled under section 282   
  13. Discharge Order   
  14. First Meeting - Partnership case (debtor's petition)  
  15. First Meeting - Partnership case (winding up only)        
  16. First Meeting - Partnership case (winding up and connected bankruptcies) 
  17. Amendment of title - Consolidations  

 

NFN 1 – Notice for Newspaper (1) -  ‘Notice for newspaper covering advertisement of various bankruptcy matters’ For cases with bankruptcy petition on or after 6 April 2010 a Word template of form NFN1 must be used as follows:-

NFN 1 - Bankruptcy Order (Official Receiver acting)    

NFN 1 - Bankruptcy Order (IP is trustee)   

NFN 1 - First Meeting of Creditors - Bankruptcy   

NFN 1 - General Meeting of Creditors - Bankruptcy    

NFN 1 - Amendment of Bankruptcy Description   

NFN 1 - Public Examination - Bankruptcy 

NFN 1 - Annulment Order   

NFN 1 - Discharge Order   

NFN 1 - Annulment Application     

NFN 1 - Meeting of Creditors - Partnership debtors - Bankruptcy  

  

NFN 2 – Notice for Newspaper (2) -  ‘A newspaper advertisement directing creditors who have not proved their debts to do so by a specified date, either generally, or in relation to dividend intended to be declared by the official receiver’ In cases where the petition was presented on or after 6 April 2010 a Word template of Form NFN2 must be used as follows:

NFN 2 - Company 

NFN 2 - Bankruptcy  

 

NFN 3 – Notice for Newspaper (3) -  ‘Notice for newspaper covering advertisement in various company matters’. For cases with bankruptcy petition on or after 6 April 2010 a Word template of form NFN3 must be used as follows:-

NFN 3 - Winding up Order  

NFN 3 - First Meeting of Creditors / Contributories  

NFN 3 - General Meeting of Creditors / Contributories  

NFN 3 - Public Examination company  

 

NFN 4 – Notice for Newspaper (4) – 'Notice for newspaper covering various matters in company partnerships’. For cases with bankruptcy petition on or after 6 April 2010 a Word template of form NFN4 must be used as follows:-

NFN 4 - Winding up Order partnership 

NFN 4 - Winding up Order partnership with connected insolvency of member(s)  

NFN 4 - Partnership liquidation Meetings   

NFN 4 - Partnership liquidation and connected insolvency(ies) Meetings   

 

LCAD – Letter Covering Advertisement - ‘A letter to advertising agents from the official receiver, enclosing an advertisement for publication. Certificates of publication are no longer required and reference to these should be deleted from the letter until the template has been replaced in ISCIS

DVDL – Letter before distribution or dividend - ‘To advise a preferential creditor that a distribution is to be made, or an ordinary unsecured creditor that a dividend is to be declared, and inviting submission of a proof’

 

Gazzetting Flowchart 

Advertising Flowchart  

 

Procedure

Gazetting

NB: Some Gazette Notices are produced via LOIS whilst others are available as Word templates. See the ’Where can I find out more?’ section under ‘Forms to be used’

1   Receive details of a new winding-up or bankruptcy order.

  Check the order for accuracy and spelling, etc.

3   If not already done, record full details on LOIS, (CA02 & CA03). See CHM part – Initial Notices and Letters for full information on the inputting of information and preparation of notices and letters.

4   If a prison address or a vulnerable bankrupt’s address etc. appears in the full description, or any other material information is incorrect, seek guidance from the examiner. If an order to withhold an address under the victims of violence provisions has been made, seek advice.

5   If appropriate, contact the court and request them to amend the order.

6   Once the order is accurate, produce forms L72.12 – ‘Gazette Notice - Winding-up Order’ or B37.18 – ‘Gazette Notice - Bankruptcy Order’ (or partnership equivalents) in LOIS, (DO73). Check for accuracy of detail and typing errors.

7   Print off one copy of the gazette notice separately as it does not form part of the initial notices package.

  In the event that a duplicate print of the gazette notice is taken from LOIS in error, which could lead to another publication of the same gazette notice, contact the F&DM team immediately to notify them of the mistake and request that the second entry be removed.

9   Where the official receiver becomes aware that a valid stay of advertisement or stay of proceedings is in force, or the court notify that an application for either has been lodged, contact the F&DM team immediately gpt.gazettestays@insolvency.gsi.gov.uk to prevent publication of the gazette notice. Remove the paper copy of the gazette notice from the file and destroy it.

10   If an IP was appointed by the court at the time the order was made, prepare and generate the gazette notice on LOIS in the usual way and incorporate the IP’s details.

11   In a transfer case, the receiving or ‘new’ official receiver should notify the F&DM Team immediately the new court number is known, if the gazette notice has not already been published.

12   Where the title of bankruptcy proceedings is amended and the OR decides to gazette the amended title, prepare and generate the notice in the usual way on form B37.18, LOIS (DO73). Print off one copy only and place in the office file.

13   If a first meeting or a general meeting of creditors and/or contributories is to be held, the official receiver is required to place notice of the meeting in the gazette (except for a general meeting in a bankruptcy case where the petition was presented before 6 April 2010).  Prepare and generate the appropriate gazette notice (Word templates) and e-mail the document as an attachment to london.gazette@tso.co.uk. Include name of the sending office and the appropriate gazette account number in the subject heading of the email.  Print off one copy of the word document only and place it on the case file.  See also CHM part – Meetings.

14   Where a bankrupt requests that an order of annulment or discharge be gazetted, ensure that the request is made within the 28 day time limit.

15   Prepare and generate the appropriate gazette notice (Word templates) and e-mail as an attachment to london.gazette@tso.co.uk, with the name of the office and the gazette account number in the subject heading of the email (see paragraph 7).  Print off one copy only of the word document and place on the office file.

16   Before declaring a first dividend the OR is required to give notice in the Gazette (Word template), unless he or she has previously, by notice in the Gazette, invited creditors to prove their debts.

17  For a public examination to be advertised a gazette notice must also be published. (Word template)  

Advertising  (Other than in the Gazette)

(Amended March 2010)

18  If the examiner decides on a newspaper advertisement for the making of an order, and records the decision on the case file, produce either form NFN 3, or NFN 1 or NFN 4. For cases where the petition was presented after 6 April 2010 only Word templates of these forms must be used so that the advertisement is correct.The templates can be completed using the F11 key to move between required fields. See the ’Where can I find out more?’ section under ‘Forms to be Used'.

19   Check the documents produced for accuracy and typing errors.

20  Send the appropriate forms NFN and LCAD to the advertising agents by e-mail, as attachments. When the form NFN or LCAD has been produced as a Word document go to the ‘file’ tab on the toolbar and choose the option ‘send to mail recipient (as attachment)’.

21   Confirmation of receipt of advertisement will be sent via e-mail. A copy will be forwarded for checking prior to publication.

22   If the official receiver becomes aware of an order for a stay of advertisement or a stay of proceedings being in force, or the court notify that an application for either has been made, contact the agents immediately to withdraw the advertisement. If the advertisement can be stopped, remove any paper copy of the notice that may have been placed on the office file and destroy it.

23 Once the official receiver receives details of the publication, the advertisements must be checked for any errors.

24   Where the advertisement contains any mistakes, establish whether the mistake resulted from an error by the official receiver, by the agent or newspaper. If the error was caused by the official receiver, prepare and send another advertisement for publication. Where the mistake was caused by the agent or the newspaper, the agents will re-insert the advert correctly.

25   If the title of bankruptcy proceedings has been amended and the examiner decides to advertise the amendment, or is ordered to do so by the court, prepare form NFN1 and despatch by e-mail to the advertising agents with form LCAD. Place a copy on the case file. NB: Cannot be so advertised without also gazetting.

26   In the case of a first meeting or general meeting of creditors (and contributories) where the decision is made to advertise in a newspaper, prepare an advertisement on form NFN 3 or NFN 1 (selecting the appropriate text infill), and despatch by e-mail to the advertising agents with form LCAD. For more information see CHM part – Meetings

27   Note the date the advert was sent on LOIS, (CA21). When a copy of the published advertisement is received, check that the printed advert is correct and if it is, place a copy on the office file.

28  If the advert is incorrect, contact the agents to discuss and rectify the matter.

29  In a case where a decision has been made for a meeting, but it is apparent that there are a large number of creditors with low value debts, and there are no realisable assets, seek a decision from the examiner as to whether to dispense with individual notices to creditors and give notice by advertisement instead.

30  Where a decision has been made to advertise a public examination in a newspaper, prepare the appropriate form NFN 3 or NFN 1 (selecting the appropriate text infill), and forward it by e-mail to the agents with form LCAD. NB: Cannot be so advertised without also gazetting.

31  Where a bankruptcy order has been annulled or a bankrupt has obtained discharge and requests in either case, that it be advertised within the 28 day time limit prepare form NFN 1, and send it by e-mail to the advertising agents with form LCAD.