Rule 1.34 of The Insolvency Rules 1986 - Company Voluntary Arrangements (CVAs)

Interpretation of Creditor and notice to member State Liquidator - Cooperation between CVA Supervisor & Liquidator

 

It should go without saying that a Supervisor of a CVA has to cooperate with a Member State LIquidator of the same company. That duty is in part prescribed by Insolvency Rule 1.34. The Rule requires the Supervisor of the CVA to give notice & documents to the member state liquidator.

 

The actual wording of Insolvency Rule 1.34 is reproduced below in bold.

 

Chapter 8 - EC Regulation - Member State LIquidator

Insolvency Rules 1986 - Rule 1.34 - Interpretation of creditor and notice to member State liquidator

 

(1) This Rule applies where a member State liquidator has been appointed in relation to the company.

(2) Where the supervisor is obliged to give notice to, or provide a copy of a document (including an order of court) to, the court, the registrar of companies or the official receiver, the supervisor shall give notice or provide copies, as appropriate, to the member State liquidator.

(3) Paragraph (2) is without prejudice to the generality of the obligations imposed by Article 31 of the EC Regulation (duty to cooperate and communicate information). 

 

Where a CVA or liquidation is operating by virtue of the EC Regulations the Supervisor of the CVA has a duty to cooperate & give notice & to provide documents to the Member State Liquidator under Insolvency Rule 1.34.