Part 6 Case administration
December 2011
(amended August 2012)
The official receiver is required to keep a case file in respect of each liquidation. The file is divided into 7 parts. The papers are filed in each section as follows:
Further information on the filing code of practice can be found here.
3.103 Secretary of State appointments
The official receiver, in certain circumstances, will need to make an application to the Secretary of State for the appointment of an insolvency practitioner as liquidator as a matter of urgency without holding a meeting of creditors and contributories. For more detailed information relating to meetings and the appointment of insolvency practitioners see Chapter 16 and Chapter 17.
The official receiver should establish the nature of the company’s business to enable the trade classification to be entered on ISCIS. The information is used to collate statistics on compulsory liquidations nationally.
The official receiver must decide whether to require the preparation of a statement of affairs for the company [Note 1]. A statement of affairs would not normally be required before the first interview with the company officer(s). More generally the information supplied in form PIQC relating to assets and liabilities will be sufficient for the official receiver’s enquiries. If the company has been subject to earlier insolvency proceedings a statement of affairs may have been prepared in relation to those proceedings. See Chapter 12 for further information on statement of affairs.
3.106 Completion of ISCIS Conduct Assessment tab
It is expected that 80% of the ISCIS conduct assessment tabs will be submitted within 4 weeks (28 days) of the winding-up order, 95% within 6 weeks (42 days) of the winding-up order and 100% within 8 weeks (56 days). For further information on completing the ISCIS conduct assessment tab see Chapter 15 and the Pre-targeting Assessment Protocol on the ISCIS Protocols page of the intranet.
3.107 Report to creditors and contributories
The official receiver shall, at least once after the making of the winding-up order issue a report to creditors (RTC) [Note 2]. The RTC will be prepared from information from the company’s officers and various third parties, such as crown departments, solicitors, accountants, trade creditors, etc. It is expected that 80% of reports to creditors and contributories (RTCs) will be submitted within 4 weeks (28 days) of the winding-up order, 95% within 6 weeks (42 days) of the winding-up order and 100% within 8 weeks (56 days). Instructions for the completion of the report to creditors are contained in the Report to Creditors Protocol and further information relating to the report to creditors can be found in the Case Help Manual part Report to Creditors (ISCIS) and Chapter 18.
3.108 Provision of information to creditors in other EU states
When a winding-up order is made the court and/or the official receiver is under a duty to inform known creditors who have their habitual residences, domiciles or registered offices in other EU member states by individual notice of the circumstances and rules under which they may lodge claims [Note 3]. The notice must comply with rules regarding the language requirements of the notice [Note 4]. The official receiver should send the ISCIS word template form NORD1EU.coy to all the creditors identified as being resident in other EU member states at the initial notices stage.
[Back to Part 5 Initial action - directors][On to Part 7 Common notices to be issued and action to be taken]