A guide to forms in insolvency proceedings

Form

Purpose

1.1

Notice to registrar of companies of voluntary arrangement taking effect

1.2

Notice to registrar of companies of order or revocation or suspension of voluntary arrangement

1.3

Notice to registrar of companies of supervisor's progress report

1.4

Notice to registrar of companies of completion or termination of voluntary arrangement

1.5 (www.practicallaw.com/2-504-8741)

Nominee's statement of opinion pursuant to paragraph 6(2) of Schedule A1 to the Insolvency Act 1986 (www.practicallaw.com/2-504-8741)

1.6 (www.practicallaw.com/3-504-9882)

Statement of Affairs (www.practicallaw.com/3-504-9882)

1.7 (www.practicallaw.com/5-504-9918)

Statement of eligibility for a moratorium pursuant to paragraph 7(1)(c) of Schedule A1 to the Insolvency Act 1986 (www.practicallaw.com/5-504-9918)

1.8 (www.practicallaw.com/7-504-9922)

Statement of consent to act by nominee (www.practicallaw.com/7-504-9922)

1.9 (www.practicallaw.com/4-504-9933)

Documents to be submitted to court to obtain moratorium (www.practicallaw.com/4-504-9933)

1.10 (www.practicallaw.com/6-504-9946)

Advertisement of coming into force or ending of moratorium (for Gazette and other advertising) (www.practicallaw.com/6-504-9946)

1.11

Notice to registrar of companies of commencement of moratorium

1.12

Notice to registrar of companies of extension or further extension or renewal or continuation of moratorium

1.13 (www.practicallaw.com/2-504-9948)

Notice to court of extension or further extension of moratorium (www.practicallaw.com/2-504-9948)

1.14

Notice to registrar of companies of ending of moratorium

1.15 (www.practicallaw.com/6-504-9951)

Nominee's notice to court of end of moratorium (www.practicallaw.com/6-504-9951)

1.16

Notice to registrar of companies of withdrawal of nominee's consent to act

1.17 (www.practicallaw.com/5-505-0030)

Notice to court by nominee of withdrawal of consent to act (www.practicallaw.com/5-505-0030)

1.18

Notice to registrar of companies of appointment of a replacement nominee

1.19 (www.practicallaw.com/4-504-9952)

Notice to court of appointment of replacement nominee (www.practicallaw.com/4-504-9952)

Form

Purpose

2.1B

Administration application

2.2B

Statement of Proposed Administrator

2.3B

Affidavit of service of administration application

This form was omitted under the Insolvency (Amendment) Rules 2010 (SI 2010/686) and is no longer in use.

2.4B

Administration Order

2.5B

Notice of intention to appoint an administrator by holder of qualifying floating charge

2.6B

Notice of appointment of an administrator by holder of qualifying floating charge

2.7B

Notice of appointment of an administrator by holder of qualifying floating charge

For use for out of hours appointments pursuant to Rule 2.19.

2.8B

Notice of intention to appoint an administrator by company or director(s)

For an amended version of form 2.8B, for use in situations where there is no qualifying floating charge holder in respect of a company's assets, see Amended version of form 2.8B (for situations where there is no qualifying floating charge holder) (www.practicallaw.com/2-519-2743).

2.9B

Notice of appointment of an administrator by company or director(s) (where a notice of intention to appoint has been issued)

For an amended version of form 2.9B, for use in situations where there is no qualifying floating charge holder in respect of a company's assets, see Amended version of form 2.9B (for situations where there is no qualifying floating charge holder) (www.practicallaw.com/2-519-3016).

2.10B

Notice of appointment of an administrator by company or director(s) (where a notice of intention to appoint has not been issued)

2.11B

Notification of appointment of administrator (for Gazette and other advertising)

This form was omitted under the IAR 2010 and is no longer in use.

2.12B

Notice of administrator’s appointment

2.12B (CH)

Notice of administrator's appointment

Contains an extra section for Companies House to process the notice.

2.13B

Notice requiring submission of a statement of affairs

2.14B

Statement of Affairs (Administration)

2.15B

Statement of concurrence

2.16B

Notice to registrar of companies of statement of affairs

2.17B

Statement of administrator's proposals (sent to registrar of companies)

2.18B

Notice of extension of time period

2.18B(CH)

Notice to registrars of companies of extension of time period

F2.18

Notice to registrar of companies of deemed approval of proposals

Where no creditors meeting held or requisitioned.

2.19B

Notice to officers of a company to attend meeting of creditors (Administration)

2.20B

Notice of a meeting of creditors (Administration)

2.21B

Creditor's request for a meeting (Administration)

2.22B

Statement of administrator's revised proposals

2.22B(CH)

Statement of administrator's revised proposals (sent to registrar of companies)

2.23B

Notice of result of meeting of creditors (Administration)

2.23B(CH)

Notice of result of meeting of creditors (sent to registrar of companies)

2.24B

Administrator's progress report

2.24B(CH)

Administrator's progress report (sent to registrar of companies)

2.25B

Notice of conduct of business by correspondence

2.26B

[Amended] Certificate of constitution of creditors' committee

2.26B(CH)

[Amended] Certificate of constitution of creditors committee (sent to registrar of companies)

2.27B

Notice by administrator of a change in committee membership

This form was omitted under the IAR 2010 and is no longer in use.

2.28B

Notice to registrars of companies of order to deal with charged property

2.29B

Affidavit of debt

This form was omitted under the IAR 2010 and is no longer in use.

2.30B

Notice of automatic end of administration

2.30B(CH)

Notice of automatic end of administration (sent to registrar of companies)

2.31B

Notice to registrars of companies of extension of period of administration

2.32B

Notice of end of administration

Where purpose of administration achieved.

2.32B(CH)

Notice of end of administration (sent to registrar of companies)

Where purpose of administration achieved.

2.33B

Notice to registrar of companies of court order ending administration

2.34B

Notice to registrar of companies of move from administration to creditors’ voluntary liquidation

2.35B

Notice to registrar of companies of move from administration to dissolution

2.36B

Notice to registrar of companies in respect of date of dissolution

2.37B

Notice of intention to resign as administrator

2.38B

Notice of resignation by administrator

2.38B(CH)

Notice of resignation by administrator (sent to registrar of companies)

2.39B

Notice to registrar of companies of vacation of office by administrator

2.40B

Notice to registrar of companies of appointment of replacement/additional administrator

Form

Purpose

3.1 (www.practicallaw.com/7-504-9960)

Written acceptance of appointment by receiver (www.practicallaw.com/7-504-9960)

3.1A (www.practicallaw.com/3-504-9962)

Notice of appointment of administrative receiver (www.practicallaw.com/3-504-9962) (for Gazette and other advertising)

3.1B (www.practicallaw.com/6-504-9965)

Notice requiring submission of statement of affairs (www.practicallaw.com/6-504-9965) (administrative receivership)

3.2

Statement of affairs (Administrative Receivership)

3.3

Statement of affairs in administrative receivership following report to creditors (sent to registrar of companies)

3.4

Certificate of constitution [amended certificate] of creditors' committee (sent to registrar of companies)

3.5

Administrative receiver's report as to change in membership of creditors committee (sent to registrar of companies)

3.6 (CH)

Receiver or manager or administrative receiver's abstract of receipts and payments (sent to registrar of companies)

3.7

Notice of administrative receiver's death (sent to registrar of companies)

3.8

Notice of order to dispose of charged property (sent to registrar of companies)

3.10

Administrative receiver's report (sent to registrar of companies)

RM01  (www.practicallaw.com/0-521-1417)

Notice of appointment of an administrative receiver, receiver or manager (www.practicallaw.com/0-521-1417)

For drafting guidance, see Drafting note, Completing form RM01: Notice of appointment of an administrative receiver, receiver or manager (www.practicallaw.com/0-525-8990).

RM02 (www.practicallaw.com/0-525-6547)

Notice of ceasing to act as an administrative receiver, receiver or manager (www.practicallaw.com/0-525-6547)

Form

Purpose

4.1

Statutory Demand under section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986

4.2

Winding-Up Petition

4.3

Abolished by the Insolvency (Amendment) Rules 2005. A statement of truth should be used to verify the petition. See Standard document, Compulsory liquidation: statement of truth verifying petition (www.practicallaw.com/7-383-7932).

4.6 (www.practicallaw.com/8-508-5655)

Advertisement of Winding-Up Petition (www.practicallaw.com/8-508-5655)

4.7

Certificate that Relevant Provisions of Rules have been Complied with

Compliance with the rules on service and advertisement.

4.9

Notice of Intention to Appear on Petition

Notice by a creditor or contributory of their intention to attend the petition hearing.

4.10

List of Persons Intending to Appear on the Hearing of the Petition

4.12

Order for winding up by the court following upon the cessation of appointment of an administrator

4.14 (www.practicallaw.com/4-509-3921)

Winding Up Petition by contributory (www.practicallaw.com/4-509-3921)

4.15A

Notice of appointment of provisional liquidator in winding up by the court

4.17

Statement of Affairs (section 131 - winding up by court)

4.18

Statement of affairs (section 95 - voluntary liquidator)

4.19

Statement of affairs (section 99 creditors' voluntary winding up)

4.20

Notice to registrar of companies of statement of company's affairs (pursuant to sections 95/99)

F4.20

Notice of revised account

4.21 (www.practicallaw.com/4-507-5168)

Request by creditor(s) for a meeting of the company’s creditors [and contributories] (www.practicallaw.com/4-507-5168)

4.25

Proof of Debt – General Form

4.31

Notice of appointment of liquidator in winding-up by the court (sent to registrar of companies)

4.33

Notice of resignation as voluntary liquidator under section 171(5) of Insolvency Act 1986 (sent to registrar of companies)

4.35

Order of court granting voluntary liquidator leave to resign (sent to registrar of companies)

4.38

Certificate of removal of voluntary liquidator (sent to registrar of companies)

F4.39

Notice of termination of appointment of provisional liquidator (sent to registrar of companies)

4.40

Notice of ceasing to act as voluntary liquidator (sent to registrar of companies)

F4.41

Notice of statement of affairs (sent to registrar of companies)

4.43

Notice of final meeting of creditors (sent to registrar of companies)

4.44

Notice of death of voluntary liquidator (sent to registrar of companies)

4.46

Notice of vacation of office by voluntary liquidator (sent to registrar of companies)

F4.47

Notice of removal of liquidator (sent to registrar of companies)

4.48

Notice of constitution of liquidation committee (sent to registrar of companies)

4.49 (www.practicallaw.com/2-519-3988)

Report by liquidator of any change in membership of Liquidation Committee (www.practicallaw.com/2-519-3988) (sent to registrar of companies)

4.50

Liquidator’s certificate that creditors paid in full

4.51

Certificate that creditors have been paid in full (sent to registrar of companies)

4.52

Liquidator's certificate of continuance of liquidation committee (when moving from administration to liquidation)

4.53A

Notice of Disclaimer under section 178 of the Insolvency Act 1986

4.68

Liquidator's progress report (sent to registrar of companies)

4.69

Order of Court of Appeal against Secretary of State's decision under section 203(4) or 205(4) of the Insolvency Act 1986 (sent to registrar of companies)

4.70 (www.practicallaw.com/7-525-5926)

Statutory Declaration of Solvency Embodying a Statement of Assets and Liabilities (www.practicallaw.com/7-525-5926) (Members' Voluntary Liquidation)

4.71

Return of final meeting in a members' voluntary winding up (sent to registrar of companies)

4.72

Return of final meeting in a creditors' voluntary winding up (sent to registrar of companies)

4.73 (www.practicallaw.com/6-506-1882)

Notice to the creditors of an insolvent company of the re-use of a prohibited name (www.practicallaw.com/6-506-1882)

F9.4

Notice of constitution of creditors or liquidation committee

F10.2

Notice to registrar of companies of notice of disclaimer under section 178 of the Insolvency Act 1986

12.1

Notice to registrar of companies in respect of order under section 176a

600 (www.practicallaw.com/6-508-5680)

Notice of appointment of liquidator, voluntary winding up (members or creditors) (www.practicallaw.com/6-508-5680) (sent to registrar of companies)

600a (www.practicallaw.com/5-508-5685)

Notice of appointment of liquidator, voluntary winding up (members or creditors) for insertion in the Gazette (www.practicallaw.com/5-508-5685) (sent to registrar of companies)

Form

Purpose

5.2

Interim order of court under section 252 of the Insolvency Act 1986

5.4

Alternative orders to be made at hearing to consider chairman's report

5.6

Voting form in relation to a proposal for a voluntary arrangement under section 263A of the Insolvency Act 1986

5.7

Order of annulment under section 261 of the Insolvency Act 1986

5.8

Order of annulment under section 263D of the Insolvency Act 1986

Form

Purpose

6.1

Statutory demand under section 268(1)(a) of the Insolvency Act 1986. Debt for liquidated sum payable immediately

6.2

Statutory demand under section 268(1)(a) of the Insolvency Act 1986. Debt for liquidated sum payable immediately following a judgment or order of the court

6.3

Statutory demand under section 268(2) of the Insolvency Act 1986. Debt payable at future date

6.4

Application to set aside a statutory demand

6.5

Witness statement in support of application to set aside statutory demand

6.7 (www.practicallaw.com/3-502-3405)

Creditor's bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately (www.practicallaw.com/3-502-3405)

Note: a certificate confirming that the petitioner has conducted a search for prior bankruptcy petitions against the debtor, must be included at the end of the form. For more information, see Practice note, Practice direction on insolvency proceedings (February 2012): a guide to the changes: Search for prior bankruptcy petitions (www.practicallaw.com/1-518-4437).

6.8

Creditor's bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date

Note: a certificate confirming that the petitioner has conducted a search for prior bankruptcy petitions against the debtor, must be included at the end of the form. For more information, see Practice note, Practice direction on insolvency proceedings (February 2012): a guide to the changes: Search for prior bankruptcy petitions (www.practicallaw.com/1-518-4437).

6.9

Creditor's bankruptcy petition where execution or other process on a judgment has been returned in whole or part

Note: a certificate confirming that the petitioner has conducted a search for prior bankruptcy petitions against the debtor, must be included at the end of the form. For more information, see Practice note, Practice direction on insolvency proceedings (February 2012): a guide to the changes: Search for prior bankruptcy petitions (www.practicallaw.com/1-518-4437).

6.10

Bankruptcy petition for default in connection with voluntary arrangement

Note: a certificate confirming that the petitioner has conducted a search for prior bankruptcy petitions against the debtor, must be included at the end of the form. For more information, see Practice note, Practice direction on insolvency proceedings (February 2012): a guide to the changes: Search for prior bankruptcy petitions (www.practicallaw.com/1-518-4437).

6.11

Certificate of Personal Service of Statutory Demand

6.13A

Statement of Truth of Statements in Bankruptcy Petition

6.17A

Certificate of personal service of bankruptcy petition

6.18A

Certificate of substituted service of bankruptcy petition

6.21

List of creditors intending to appear on hearing of the bankruptcy petition

6.25

Bankruptcy order on creditor's petition

6.26

Application for registration of a bankruptcy order against an individual under the Land Charges Act 1972

6.27

Debtor’s Bankruptcy Petition

6.28

Statement of Affairs (Debtor's Petition)

• Guidance notes for completion of form 6.28 (www.practicallaw.com/8-505-0694)

6.30

Bankruptcy order on debtor's petition

6.34 (www.practicallaw.com/4-507-5229)

Request by creditor(s) for a meeting of the bankrupt's creditors (www.practicallaw.com/4-507-5229)

6.37

Proof of Debt — General Form

6.61A

Notice of disclaimer under section 315 of the Insolvency Act 1986

6.72

Order of suspension of discharge under section 279(3) of the Insolvency Act 1986

6.73

Order of court lifting suspension of discharge

6.79A

Charging order under section 313 of the Insolvency Act 1986

6.80

Order to post office under section 371 of the Insolvency Act 1986

(For use to redirect bankrupt's mail.)

6.81

Variation of income payments agreement under section 310A of the Insolvency Act 1986

6.83

Notice to interested parties of a dwelling-house falling within section 283A of the Insolvency Act 1986

6.84

Certificate issued pursuant to Rule 6.237B(1) of the Insolvency Act 1986

(For use where a trustee's interest in the dwelling home re-vests in bankrupt.)

Form

Purpose

7.1A (www.practicallaw.com/7-501-4927)

Application Notice (www.practicallaw.com/7-501-4927)

7.20A

Confirmation by court of creditors' voluntary winding up application and order

Form

Purpose

OS LQ01 (www.practicallaw.com/7-422-1971)

Notice of appointment of a liquidator of an overseas company (www.practicallaw.com/7-422-1971)

OS LQ02 (www.practicallaw.com/5-422-1571)

Notice by an overseas company which becomes subject to proceedings relating to insolvency (www.practicallaw.com/5-422-1571)

OS LQ03  (www.practicallaw.com/9-422-1970)

Notice of winding up of an overseas company (www.practicallaw.com/9-422-1970)

OS LQ04 (www.practicallaw.com/7-422-1570)

Notice by an overseas company on cessation of proceedings relating to insolvency (www.practicallaw.com/7-422-1570)

OS DS01 (www.practicallaw.com/5-422-1972)

Notice of closure of a UK establishment of an overseas company (www.practicallaw.com/5-422-1972)

OS DS02 (www.practicallaw.com/3-422-1572)

Notice of termination of winding up of an overseas company (www.practicallaw.com/3-422-1572)

Form

Purpose

OS AP06 (www.practicallaw.com/6-422-1580)

Appointment of a judicial factor (Scotland) for an overseas company (www.practicallaw.com/6-422-1580)

OS CH08 (www.practicallaw.com/3-422-1973)

Change of service address for a judicial factor (Scotland) of an overseas company (www.practicallaw.com/3-422-1973)

OS TM04 (www.practicallaw.com/4-422-1977)

Termination of appointment of judicial factor (Scotland) of an overseas company (www.practicallaw.com/4-422-1977)

Form

Purpose

ML1 (www.practicallaw.com/8-525-2772)

Recognition application (www.practicallaw.com/8-525-2772)

ML2 (www.practicallaw.com/9-525-2776)

Recognition order (www.practicallaw.com/9-525-2776)

ML3 (www.practicallaw.com/7-525-2777)

Statement of subsequent information (www.practicallaw.com/7-525-2777)

ML4 (www.practicallaw.com/5-525-2778)

Originating application (www.practicallaw.com/5-525-2778)

ML5 (www.practicallaw.com/3-525-2779)

Ordinary application (www.practicallaw.com/3-525-2779)

ML6 (www.practicallaw.com/1-525-2780)

Affidavit of service of application under the Cross-Border Insolvency Regulations 2006 (www.practicallaw.com/1-525-2780)

ML7 (www.practicallaw.com/7-525-2782)

Notice to registrar of companies of order under the Cross-Border Insolvency Regulations 2006 (www.practicallaw.com/7-525-2782)

ML8 (www.practicallaw.com/5-525-2783)

Notification of order under the Cross-Border Insolvency Regulations 2006 (for newspaper and London or Edinburgh Gazette) (www.practicallaw.com/5-525-2783)