Index to the Insolvency Rules 1986 that apply to Company Voluntary Arrangements (CVAs)

The Insolvency Rules 1986 - Rules that all CVAs must follow - Index to the Rules

 

The statute law relating to Company Voluntary Arrangements (CVAs) is found iat Sections 1 to 7B of The Insolvency Act 1986; and in Schedule A1 to that Act; and the more detailed provisions are set out in The Insolvency Rules 1986. This webpage is an index to the CVA Insolvency Rules only. The Rules relating to Company Voluntary Arrangements are from Rule 1.1 to Rule 1.56 (of The Insolvency Rules 1986).

 

It is not necessary for you to read these Rules as firstly they are written in technical language and secondly we are happy to provide free advice on any insolvency Rule or indeed on any insolvency related matter. The Rules relating to CVAs are reproduced as links to this index in order that you might read up on the actual wording of any particular Rule in which you are interesed.

 

The Rules are shown below (and on the left hand index) in bold. If you click on the Rule in which you are interested you will be taken to a separate webpage. That page not only sets out the precise wording of the Rule but also our commentary on the Rule.

 

INSOLVENCY RULES 1986 - PART 1 - COMPANY VOLUNTARY ARRANGEMENTS 

CHAPTER 1 - PRELIMINARY

Rule 1.1 Scope of this Part; interpretation

 

CHAPTER 2 - PROPOSAL BY DIRECTORS

Rule 1.2  Preparation of proposal

Rule 1.3 Contents of proposal

Rule 1.4 Notice to intended nominee

Rule 1.5 Statement of affairs

Rule 1.6 Additional disclosure or assistance of nominee

Rule 1.7 Nominee's report on the proposal

Rule 1.8 Replacement of nominee

Rule 1.9 Summoning of meetings under Section 3 of The Insolvency Act 1986

 

CHAPTER 3 - PROPOSAL BY ADMINISTRATOR OR LIQUIDATOR (HIMSELF THE NOMINEE)

Rule 1.10 Preparation of the proposal

Rule 1.11 Summoning of meetings under Section 3 of The Insolvency Act 1986

 

CHAPTER 4 - PROPOSAL BY ADMINISTRATOR OR LIQUIDATOR (ANOTHER INSOLVENY PRACTITIONER THE NOMINEE)

Rule 1.12 Preparation of proposal and notice to nominee

 

CHAPTER 5 - PROCEEDINGS ON A PROPOSAL MADE BY THE DIRECTORS OR BY THE ADMINISTRATOR OR BY THE LIQUIDATOR

Section A: Meetings of Company's Creditors and Members

Rule 1.13 Summoning of meetings

Rule 1.14 The chairman at meetings

Rule 1.15 The chairman as proxy holder

Rule 1.16 Attendance by company officers

 

Section B: Voting Rights and Majorities

Rule 1.17 Entitlement to vote (creditors)

Rule 1.17A Procedure or admission of creditors' claims for voting purposes

Rule 1.18 Voting rights (members)

Rule 1.19 Requisite majorities (creditors)

Rule 1.20  Requisite majorities (members)

Rule 1.21 Adjournments

 

Section C: Implementation of the Arrangement

Rule 1.22 Resolution to follow approval

Rule 1.22A Notice of Order made under Section 4A(6) of The Insolvency Act 1986

Rule 1.23 Hand-over of property etc to supervisor

Rule 1.24 Report of meetings

Rule 1.25 Revocation or suspension of the arrangement

Rule 1.26A Supervisor's accounts and reports

Rule 1.27 Production of accounts and records to Secretary of State

Rule 1.28 Fees, costs, charges and expenses

Rule 1.29 Completion or termination of the arrangement

 

CHAPTER 6 - GENERAL

Rule 1.30 False representations

 

CHAPTER 7 - EC REGULATION - CONVERSION OF VOLUNTARY ARRANGEMENT INTO WINDING UP

Rule 1.31 Application for conversion into winding up

Rule 1.32 Contents of witness statement

Rule 1.33 Power of court

 

CHAPTER 8 - EC REGULATION - MEMBER STATE LIQUIDATOR

Rule 1.34 Interpretation of creditor and notice to member State liquidator

 

CHAPTER 9 - OBTAINING A MORATORIUM - PROCEEDINGS DURING A MORATORIUM - NOMINEES CONSIDERATIONS OF A PROPOSAL WHERE MORATORIUM OBTAINED

Section A: Obtaining a moratorium

Rule 1.35 Preparation of proposal by directors and submission to nominee

Rule 1.36 Delivery of documents to the intended nominee etc

Rule 1.37 Statement of affairs

Rule 1.38 The nominee's statement

Rule 1.39 Documents submitted to the court o obtain moratorium

Rule 1.40 Notice and advertisement of beginning of moratorium

Rule 1.41 Notice of extension of moratorium

Rule 1.42 Notice and advertisement of end of moratorium

 

Section B: Proceedings During a Moratorium

Rule 1.43 Disposal of charged property etc during a moratorium

 

Section C: Nominees

Rule 1.44 Withdrawal of nominee's consent to act

Rule 1.45 Replacement of nominee by the court

Rule 1.46 Notification of appointment of a replacement nominee

Rule 1.47 Application to court under Paragraphs 26 or 27 of Schedule A1 to The Insolvency Act 1986

 

Section D: Consideration of proposals where moratorium obtained

Rule 1.48 Summoning of meetings; procedure at meetings etc

Rule 1.49  Entitlement to vote (creditors)

Rule 1.50 Procedure for admission of creditors' claims for voting purposes

Rule 1.51 Voting rights (members)

Rule 1.52 Requisite majorities (creditors)

Rule 1.53 Requisite majorities (members) and proceedings to obtain greement on the proposal

Rule 1.54 Implementation of the arrangement

 

CHAPTER 10 - TIME RECORDING INFORMATION

Rule 1.55 Provision by nominee or supervisor of information about time spent on a proposal or voluntary arrangement

 

CHAPTER 11 - OMISSION OF INFORMATION FROM STATEMENT OF AFFAIRS

Rule 1.56 Omission of information from statement of affairs

 

This index is to the insolvency Rules that apply to Company Voluntary Arrangements (CVAs). We have interpreted each Rule in non technical language so that the Rule might be more easily understood.

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