Made | 5th August 2002 | ||
To be laid before Parliament | |||
Coming into operation | 5th September 2002 |
after the definition of "the court" -
after the definition of "the Judge" -
after the definition of "Master" -
after the definition of "sealed" -
after the definition of "Taxing Master" -
[E.R. 10(7)]
Amendments to the Insolvency Rules (Northern Ireland) 1991 in relation to Company Voluntary Arrangements
5.
- (1) In Rule 1.01(2)(d) (scope of this Part; interpretation) for "5 and 6" substitute -
(2) In Rule 1.03(2) (contents of proposal) -
(3) In Rule 1.24(2)(c) (report of meetings) -
(4) After Rule 1.30 (false representations, etc) insert -
Contents of affidavit
1.32.
- (1) The affidavit shall state -
(2) An affidavit under this Rule shall be sworn by, or on behalf of, the member State liquidator.
Power of court
1.33.
- (1) On hearing the application for conversion into winding up the court may make such order as it thinks fit.
(2) If the court makes an order for conversion into winding up the order may contain all such consequential provisions as the court deems necessary or desirable.
(3) Without prejudice to the generality of paragraph (1), an order under that paragraph may provide that the company be wound up as if a resolution for voluntary winding up under Article 70 were passed on the day on which the order is made.
(4) Where the court makes an order for conversion into winding up under paragraph (1), any expenses properly incurred as expenses of the administration of the voluntary arrangement in question shall be a first charge on the company's assets.
[E.R. 4]
Amendments to the Insolvency Rules (Northern Ireland) 1991 in relation to Administration
6.
- (1) In Rule 2.03(1) (contents of affidavit) -
(2) In Rule 2.06(2) (persons served with petition) after sub-paragraph (b) insert -
(3) In Rule 2.10(1) (appearances at hearing) -
(4) In Rule 2.19(1) (statement to be annexed to proposals) -
(5) In Rule 2.25 (entitlement to vote) -
(b) after paragraph (6) insert -
only the creditor's vote shall be counted.
(9) Where -
the entitlement to vote by virtue of that claim is exercisable by the member State liquidator in main proceedings, whether or not the creditor has lodged his claim in the main proceedings.
(10) For the purposes of paragraph (7), the claim of a creditor and of any member State liquidator in relation to the same debt are a single claim.
(11) For the purposes of paragraphs (8) and (9), "other proceedings" means main proceedings, secondary proceedings or territorial proceedings in another member State.".
(6) After Rule 2.34(5) (conduct of meetings) insert -
(7) After Rule 2.57(3) (resignation of administrator) insert -
(8) After Rule 2.62 (preservation of VAT Bad Debt relief certificate) insert -
Contents of affidavit
2.64.
- (1) The affidavit shall state -
(2) An affidavit under this Rule shall be sworn by, or on behalf of, the member State liquidator.
Power of court
2.65.
- (1) On hearing the application for conversion into winding up the court may make such order as it thinks fit.
(2) If the court makes an order for conversion into winding up the order may contain all such consequential provisions as the court deems necessary or desirable.
(3) Without prejudice to the generality of paragraph (1), an order under that paragraph may provide that the company be wound up as if a resolution for voluntary winding up under Article 70 were passed on the day on which the order is made.
[E.R. 5]
Amendments to the Insolvency Rules (Northern Ireland) 1991 in relation to Companies Winding up
7.
- (1) In Rule 4.007 (documents delivered with petition filed in court) -
and".
(2) After Rule 4.010(3) (persons entitled to receive winding up petition) insert -
(3) After Rule 4.019(2) (substitution of petitioner) insert -
(4) After Rule 4.024(5) (petition by contributory) insert -
(5) For Rule 4.027(1) (application for appointment of provisional liquidator) substitute -
(6) In Rule 4.073 (entitlement to vote at creditors' meeting) -
(b) after paragraph (6) insert -
(9) Where -
the entitlement to vote by virtue of that claim is exercisable by the member State liquidator in main proceedings, whether or not the creditor has lodged his claim in the main proceedings.
(10) For the purposes of paragraphs (8) and (9), "other proceedings" means main proceedings, secondary proceedings or territorial proceedings in another member State.".
(7) In Rule 4.081(1) (contents of proof) -
and".
(8) After Rule 4.102(2) (surrender of security for non-disclosure) insert -
(9) After Rule 4.240 (leave to act as director - third excepted case) insert -
[E.R. 6]
Amendments to the Insolvency Rules (Northern Ireland) 1991 in relation to Individual Voluntary Arrangements
8.
- (1) After Rule 5.04(2)(p) (contents of proposal) insert -
(2) In Rule 5.25(2) (report of creditors' meeting) -
(3) After Rule 5.33 (false representations, etc.) insert -
Contents of affidavit
5.35.
- (1) The affidavit shall state -
(2) An affidavit under this Rule shall be sworn by, or on behalf of, the member State liquidator.
Power of court
5.36.
- (1) On hearing the application for conversion into bankruptcy the court may make such order as it thinks fit.
(2) If the court makes an order for conversion into bankruptcy the order may contain all such consequential provisions as the court deems necessary or desirable.
(3) Where the court makes an order for conversion into bankruptcy under paragraph (1), any expenses properly incurred as expenses of the administration of the voluntary arrangement in question shall be a first charge on the bankrupt's estate.
[E.R. 7]
Amendments to the Insolvency Rules (Northern Ireland) 1991 in relation to Bankruptcy
9.
- (1) After Rule 6.007(1)(e) (identification of debtor) insert -
(2) After Rule 6.013(4) (service of petition) insert -
(3) In Rule 6.027(2)(c) (substitution of petitioner) after "owed to him by the debtor" insert -
(4) For Rule 6.049(1) (application for appointment of interim receiver) substitute -
(5) In Rule 6.090 (entitlement to vote at creditors' meeting) -
(b) after paragraph (6) insert -
(9) Where -
the entitlement to vote by virtue of that claim is exercisable by the member State liquidator in main proceedings, whether or not the creditor has lodged his claim in the main proceedings.
(10) For the purposes of paragraphs (8) and (9), "other proceedings" means main proceedings, secondary proceedings or territorial proceedings in another member State.".
(6) In Rule 6.096(1) (contents of proof) -
(7) After Rule 6.113(2) (surrender of security for non-disclosure) insert -
(8) After Rule 6.195(4) (power of court to order sale) insert -
(9) After Rule 6.230 (bankrupt leaving Northern Ireland) insert -
[E.R. 8]
Amendment to Insolvency Rules in relation to Part 7 (court procedure and practice) and Part 8 (proxies and company representation)
10.
- (1) After Chapter 9 of Part 7 (court procedure and practice - general) insert -
(3) The liquidator shall file in court two copies of the application, together with one copy of the following -
(4) It shall not be necessary to serve the application on, or give notice of it to, any person.
(5) On an application under this Rule the court may confirm the creditors' voluntary winding up.
(6) If the court confirms the creditor's voluntary winding up -
(7) A member of the court staff may deal with an application under this Rule.
Notice to member State liquidator and creditors in member States
7.57.
Where the court has confirmed the creditors' voluntary winding up, the liquidator shall forthwith give notice -
(2) After Rule 8.7 (company representation) insert -
[E.R. 9]
Amendments to the Insolvency Rules (Northern Ireland) 1991 in relation to Parts 11 and 12
11.
- (1) After Rule 11.01(2) (preliminary) insert -
(2) In Rule 11.02(1) (notice of intended dividend) after "his intention to do so" substitute -
(3) After Rule 11.03(2) (final admission/rejection of proofs) insert -
payment shall only be made to the creditor".
(4) In Rule 11.06(1) (notice of declaration) after "notice of the dividend to" substitute -
(5) After Rule 12.13(4) (service outside the jurisdiction) insert -
(6) After Rule 12.19(3) (right to have list of creditors) insert -
[E.R. 10(1)-(6)]
Amendment of index to Schedule 2
12.
Insert in the index to forms in Schedule 2 to the principal Rules -
[E.R. 11]
New form
13.
Add the form contained in Part 1 of the Schedule to these Rules to Schedule 2 of the principal Rules as Form 7.17.
[E.R. 12]
Amended forms
14.
The forms contained in Part 2 of the Schedule to these Rules are substituted for the forms identically numbered in Schedule 2 to the principal Rules.
[E.R. 13]
Irvine of Lairg,
C.
Dated 27th July 2002
The Department of Enterprise, Trade and Investment hereby concurs with the foregoing Rules.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on
5th August 2002.
L.S.
Michael J. Bohill
Senior Officer of the Department of Enterprise, Trade and Investment.
*Insert name of company |
IN THE MATTER OF * AND IN THE MATTER OF THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989 |
(a) Insert name of applicant |
1.
I (a) hereby make application to the court for confirmation of the creditors' voluntary winding up proceedings under Part V of the Insolvency (Northern Ireland) Order 1989 in relation to |
(b) Insert name of company |
(b) 2. The resolution for voluntary winding up was passed on |
(c) Insert date of resolution |
(c) |
(d) Insert date |
3.
I was appointed liquidator of the company on (d) 4. I declare that the EC Regulation will apply and that these proceedings will be |
(e) Insert whether main, secondary or territorial proceedings |
(e) ― proceedings as defined in Article 3 of the EC Regulation. 5. I attach the following documents required to accompany the application under Rule 7.56:
(b) evidence of my appointment as liquidator of the company (c) copy of statement of affairs required under Article 85. |
|
|
Affidavit After sections 1 to 4 have been completed (and having the documents required under section 5 available), this affidavit must be sworn before a solicitor or commissioner for oaths or an officer of the court duly authorised to administer oaths. |
|
(f) Insert name and occuptation |
I (f) |
(g) Insert full address |
of (g) make oath and say that the contents of this application are to the best of my knowledge and belief true and that the documents exhibited hereto are all those required to accompany this application under Rule 7.56 and that they are true copies of the stated documents. Sworn at |
ORDER | |
(h) Insert date |
Upon reading the application dated (h) of |
(j) Insert name of applicant |
(j) and the evidence filed in support It is hereby confirmed by the court that the proceedings are creditors' voluntary winding up proceedings under Part V of the Insolvency (Northern Ireland) Order 1989 Date |
* Insert name of company |
IN THE MATTER OF* AND IN THE MATTER OF THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989 To the High Court of Justice in Northern Ireland |
(a) Insert full name(s) and address(es) of petitioner(s) (b) Delete if petition not presented by the company's directors (c) Insert full name, and registered no. of company subject to petition (d) Insert date of incorporation (e) Insert title of Companies Act or Order under which company was incorporated (f) Insert address of registered office (g) Insert amount of nominal capital and how it is divided (h) Insert amount of capital paid up or credited as paid up (j) Delete such as are inapplicable |
The petition of (a) (b) [presented by the directors under Article 22 of the Insolvency (Northern Ireland) Order 1989] 1. (c) (hereinafter called "the company") was incorporated on (d) under (e) 2. The registered office of the company is at (f) 3. The nominal capital of the company is (g) £ divided into shares of £ each. The amount of the capital paid up or credited as paid up is (h) £ . 4. The principal objects for which the company was established are as follows: and other objects stated in the memorandum of association thereof. 5. The petitioner(s) believe(s) that the company is or is likely to become unable to pay its debts and that an administration order would be likely to achieve (j)
(ii) the approval of a voluntary arrangement with its creditors under Part II of the Insolvency (Northern Ireland) Order 1989 (iii) the sanctioning of a compromise or arrangement between the company and such persons as are mentioned in Article 418 of the Companies (Northern Ireland) Order 1986 (iv) a more advantageous realisation of the company's assets than would be effected on a winding up
for the reasons stated in the affidavit of filed in support hereof. |
(k) Delete as applicable |
6.
The company (k) is/is not an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking under Article 1.2 of the EC Regulation. |
(l) Insert name of person swearing affidavit (m) Insert whether main, secondary or territorial proceedings (n) Insert full name(s) and address(es) of proposed administrator(s) |
7.
For the reasons stated in the affidavit of (l) it is considered that the EC Regulation (k) will/will not apply (k) and that these proceedings will be (m) proceedings as defined in Article 3 of the EC Regulation. 8. The petitioner(s) propose(s) that during the period for which the order is in force the affairs, business and property of the company be managed by (n) . |
who is (are) to the best of the petitioner's knowledge and belief qualified to act as (an) insolvency practitioner(s) in relation to the company. The petitioner(s) therefore pray(s) as follows: - |
|
(o) Insert full name of company (p) Insert name(s) of proposed administrator(s) (q) Insert details of any ancillary orders sought (r) Insert here name, address, telephone number, fax number (if any) and reference (if any) of a solicitor acting for the petitioner |
(1) that the court make an administration order in relation to (o) (2) that (p) be appointed to be the administrator(s) of the said company (3) (q) or (4) that such other order may be made in the premises as shall be just. Note: It is intended to serve this petition on This petition was issued by (r) (solicitor for) the petitioner(s) whose address for service is: |
* Insert name of company |
IN THE MATTER OF* AND IN THE MATTER OF THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989 |
(a) Insert name and address of petitioner (b) Delete where company itself is petitioner OR insert status of petitioner, ie director, creditor etc (c) Insert details of any other parties (including the company) appearing and by whom represented (d) Set out the purpose(s) which the order is likely to achieve |
Upon the petition of (a) (b) (a of the above named company hereinafter called "the company") presented to the court on 20 And upon hearing counsel for the petitioner and for (c) and upon reading the evidence IT IS ORDERED that during the period for which this order is in force the affairs, business and property of the company be managed by the administrator hereinfater appointed pursuant to the provisions of Article 21 of the Insolvency (Northern Ireland) Order 1989 for the following purpose(s) (d) |
(e) Insert full name(s) and address(es) of administrator(s) |
AND it is ordered that (e) be appointed administrator(s) of the company |
(f) Delete as applicable (g) Insert whether main or territorial proceedings |
AND the Court being satisfied on the evidence before it that the EC Regulation (f) does/does not apply (f) and that therese proceedings are (g) proceedings as defined in Article 3 of the EC Regulation AND it is ordered that |
(h) Insert particualrs of any further order made by the court |
(h) And it is ordered that the costs of the said petition |
(j) Insert terms of order for costs |
(j) Dated |
*Insert name of company |
IN THE MATTER OF* AND IN THE MATTER OF THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989 To the High Court of Justice in Northern Ireland |
(a) Insert full name(s) and address(es) of petitioners | The petition of (a) |
(b) Insert full name and registered no. of company subject to petition |
1.
(b) (hereinafter called "the company") was incorporated on |
(c) Insert date of incorporation | (c) |
(d) Insert title of Companies Act or Order under which company was incorporated | under (d) |
(e) Insert address of registered office |
2.
The registered office of the company is at (e) |
(f) Insert amount of nominal capital and how it is divided (g) Insert amount of capital paid up or credited as paid up |
3.
The nominal capital of the company is (f) £ divided into shares of £ each. The amount of the capital paid up or credited as paid up is (g) £ . 4. The principal objects for which the company was established are as follows: and other objects stated in the memorandum of association of the company |
(h) Set out the grounds on which a winding-up order is sought |
5.
(h) |
(j) Delete as applicable |
6.
The company (j) is/is not an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation. |
(k) Insert name of person swearing affidavit (l) Insert whether main, secondary or territorial proceedings |
7.
For the reasons stated in the affidavit of (k) filed in support hereof it is considered that the EC Regulation on insolvency proceedings (j) will/will not apply (j) and that those proceedings will be (l) proceedings as defined in Article 3 of the EC Regulation. 8. In the circumstances it is just and equitable that the company should be wound up. The petitioner(s) therefore pray(s) as follows: - (1) that (b) may be wound up by the court under the provisions of the Insolvency (Northern Ireland) Order 1989 or (2) that such other order may be made as the court thinks fit. |
(m) If the company is the petitioner, delete "the company". Add the full name and address of any other person on whom it is intended to serve this petition |
Note: It is intended so serve this petition on (m) [the company] [and] |
Endorsement This petition having been presented to the court on will be heard at Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF on: Date Time hours (or as soon thereafter as the petition can be heard) The solicitor to the petitioner is: - Name Address Telephone number Fax Number (if any) Reference |
*Insert name of company |
IN THE MATTER OF* AND IN THE MATTER OF THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989 |
(a) Insert name and address of petitioner (as appropriate) "the company" or "... a creditor of the company" or "... a contributory of the company" | Upon the petition of (a) |
presented to this court on And upon hearing And upon reading the evidence |
|
(b) Insert full name of the company |
It is ordered that (b) be wound up by this court under the provisions of the Insolvency (Northern Ireland) Order 1989. |
(c) Delete as applicable (d) Insert whether main, secondary or territorial proceedings |
And the Court being satisfied on the evidence that the EC Regulation (c) does/does not apply (c) and that these proceedings are (d) proceedings as defined in Article 3 of the EC Regulation. |
(e) Insert names of all parties to be awarded their costs (f) Insert any terms concerning costs |
And it is ordered that the costs of (e) of the said petition be paid out of the assets of the company (f) |
Dated Note: The Official Receiver is by virtue of this order liquidator of the company. |
*Insert name of company |
IN THE MATTER OF* AND IN THE MATTER OF THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989 |
(a) Delete words in brackets as applicable (b) Insert name and address (c) Insert date |
Upon the petition of the company (a) [by its administrator (b) ] or [(b) a [creditor] [member] of the above-named company] [pursuant to leave of this court by order dated (c) ] [by agreement with the administrator dated (c) ] presented to this court on (c) And upon hearing And upon reading the administration order dated (c) It is ordered that the said administration order be and the same is discharged. |
(d) Insert full name of the company |
And it is ordered that (d) be wound up by this court under the provisions of the Insolvency (Northern Ireland) Order 1989 (a) [And it is ordered that be appointed liquidator of the company] (a) [And the court being satisfied that these proceedings are |
(e) Insert whether main, secondary or territorial proceedings |
(e) proceedings as defined in Article 3 of the EC Regulation] |
(f) Insert any further terms of order, eg as to costs | And it is ordered (f) |
Dated Note: The Official Receiver is by virtue of this order liquidator of the company. |
*Insert name of company |
IN THE MATTER OF* AND IN THE MATTER OF THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989 To the High Court of Justice in Northern Ireland |
(a) Insert full name(s) and address(es) of petitioner(s) | The petition of (a) |
(b) Insert full name of company subject to petition |
1.
(b) (hereinafter called "the company") was incorporated on |
(c) Insert date of incorporation | (c) |
(d) Insert title of Companies Act or Order under which company was incorporated | under (d) |
(e) Insert address of registered office |
2.
The registered office of the company is at (e) 3. The nominal capital of the company is £ divided into shares of £ each. The amount of the capital paid up or credited as paid up is £ . |
(f) Delete as applicable |
The petitioner(s) is/are the holder(s) of shares of £ each. Such shares (f) [were allotted to him/them on the incorporation of the company] [have been registered in his/their name(s) for more than 6 months in the last 18 months] [devolved upon him/them through the death of the former holder of the shares]. 4. The principal objects for which the company was established are as follows: - and other objects stated in the memorandum of association of the company. |
(g) Set out the grounds on which a winding-up order is sought |
5.
(g) 6. The company (f) is/is not an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation. |
(h) Insert name of person swearing affidavit (j) insert whether main, secondary or territorial proceedings |
7.
For the reasons stated in the affidavit of (h) filed in support hereof it is considered that the EC Regulation (f) will/will not apply (f) and that these proceedings will be (j) proceedings as defined in Article 3 of the EC Regulation. 8. In the circumstances it is just and equitable that the company should be wound up. The petitioner(s) therefore pray(s) as follows: - (1) that (b) may be wound up by the court under the provisions of the Insolvency (Northern Ireland) Order 1989 or (2) that such other order may be made as the court thinks fit. |
(k) If the company is the petitioner, delete "the company". Add the full name and address of any other person on whom it is intended to serve this petition |
Note: It is intended so serve this petition on (k) [the company] [and] |
Endorsement This petition having been presented to the court on let all parties attend before the Master in Chambers on Date Time hours Place for directions to be given The solicitor(s) for the petitioner is/are: - Name Address Telephone number Fax Number (if any) Reference (if any) |
*Insert name of company |
IN THE MATTER OF* AND IN THE MATTER OF THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989 Master in chambers |
(a) Give full name and address of applicants |
Upon the application of (a) And upon hearing And upon reading the petition to wind up the above-named company and the evidence |
(b) Delete if not applicable (c) Delete as applicable (d) Insert whether main, secondary of territorial proceedings |
(b) And the court being satisfied that the company is unable to pay its debts And the court being satisfied that the EC Regulation (c) does/does not apply (c) and that these proceedings are (d) proceedings as defined in Article 3 of the EC Regulation. |
(e) If a person other than the official receiver is to be appointed delete the words in [ ] otherwise insert the amount to be deposited |
It is ordered that (e) [upon the sum of £ being deposited by the applicant with the offical receiver] the following person is apponted provisional liquidator of the above-named company. |
(f) Insert either "the official receiver" or if an insolvency practitioner is to be appointed, his full name and address |
Name of the provisional liquidator (f) Address (if applicable) |
And it is ordered that: - | |
(g) Insert details of the functions to be carried out by the provisional liquidator in relation to the company's affairs |
(g) Dated Notice to officers of Company You are required by Article 199 of the Insolvency (Northern Ireland) Order 1989 to give the provisional liquidator all the information as he may reasonably require relating to the company's property and affairs and to attend upon him at such times as he may reasonably require. Date |
* Delete if voluntary winding-up | *[IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (COMPANIES WINDING UP)] |
![]() |
IN THE MATTER OF![]() AND IN THE MATTER OF THE INSOLVENCY (NORTHERN IRELAND) ORDER 1989 |
1 | Name of Creditor | |
2 | Address of Creditor | |
3 | Total amount of claim, including any Value Added Tax and outstanding uncapitalised interest as at the date the company went into liquidation [see Note] | £ |
4 | Details of any document by reference to which the debt can be substantiated. [Note: the liquidator may call for any document or evidence to substantiate the claim at his discretion] | |
5 | If the total amount shown above includes Value Added Tax, please show: - | |
(a) amount of Value Added Tax |
£ | |
(b) amount of claim NET of Value Added Tax |
£ | |
6 | If total amont above includes outstanding uncapitalised interest, please state amount | £ |
7 | If you have filled in both box 3 and box 5, please state whether you are claiming the amount shown in box 3 or the amount shown in box 5(b) | |
8 | Give details of whether the whole or any part of the debt falls within any (and if so which) of the categories of preferential debts under Article 346 of, and Schedule 4 to, the Insolvency (Northern Ireland) Order 1989 (as read with Schedule 4 to the Social Security Pensions (Northern Ireland) Order 1975) |
Category Amount(s) claimed as preferential £ |
9 | Particulars of how and when debt incurred | |
10 | Particulars of any security held, the value of the security, and the date it was given | £ |
11 | Particulars of any reservation of title claimed, including details of goods supplied, their value and when supplied | |
12 |
Signature of creditor or person authorised to act on his behalf Name in BLOCK LETTERS Position with or relation to creditor |
|
Admitted to vote for £ Date Liquidator |
||
Admitted preferentially for £ Date Liquidator |
||
Admitted non-preferentially for £ Date Liquidator |
No.
* Insert title | Re* |
(a) Insert full name(s) and address(es) of petitioner(s) |
I/We (a) |
(b) Insert full name, place of residence and occupation (if any) of debtor (c) Insert in full any other name(s) by which the debtor is or has been known (d) Insert trading name (adding "with another or others", if this is so), business address and nature of business (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred (f) Give the same details as specified in note (d) for any other businesses which have been carried on at or after the time the petition debt was incurred (g) Delete as applicable |
petition the court that a bankruptcy order may be made against (b) [also known as (c) ] [and carrying on business as (d) ] [and lately residing at (e) ] [and lately carrying on business as (f) ] and say as follows: - 1. (g) The debtor's centre of main interests, being the place where he conducts the administration of his interests, is located within the United Kingdom, at OR The debtor's centre of main interests is located outside the United Kingdom but within the European Union and he has an establishment as defined by EC Regulation No. 1346/2000 within Northern Ireland at OR The debtor's centre of main interests is located outside the European Union. OR The debtor carries on business as an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation. 2. (g) The proceedings will be main OR secondary OR territorial proceedings for the purposes of the EC Regulation. OR The proceedings do not fall within the EC Regulation. Under the EC Regulation:
(ii) Establishment is defined as "any place of operations where the debtor carries out a non-transitory economic activity with human means and goods". |
(h) State in respect of the debt or each debt - (i) the amount, (ii) the consideration for the debt (or, if there is no consideration, the way in which it arises), and (iii) when the debt was incurred The amount or rate of any interest or other charge not previously notified to the debtor and the reasons why you are claiming it must be shown separately. Such amount must be limited to that claimed in the statutory demand (j) Insert date (and in the case of personal service, time) of service of statutory demand as set out in affidavit of service (k) State manner of service of demand (l) If 3 weeks have not elapsed since service or statutory demand give reasons for earlier presentation of petition (m) Insert name of debtor (n) Only to be completed where the petitioning creditor is represented by a solicitor |
3.
The debtor is justly and truly indebted to me [us] in the aggregate sum of £(h) 4. The above-mentioned debt is for a liquidated sum payable on (j) and the debtor appears to have no reasonable prospect of being able to pay it. 5. On (j) a statutory demand was served upon the debtor by (k) in respect of the above-mentioned debt. To the best of my knowledge and belief the demand has neither been complied with nor set aside in accordance with the Rules and no application to set it aside is outstanding. (l) 6. I/We do not, nor does any person on my/our behalf, hold any security on the debtor's estate, or any part thereof, for the payment of the above-mentioned sum. OR I/We hold security for the payment of (g) [part of] the above-mentioned sum. I/We will give up such security for the benefit of all the creditors in the event of a bankruptcy order being made. OR I/We hold security for the payment of part of the above-mentioned sum and I/we estimate the value of such security to be £ . This petition is not made in respect of the secured part of my/our debt. Endorsement This petition having been presented to the court on it is ordered that this petition shall be heard as follows: - Date Time hours Place and you, the above-named (m) , are to take notice that if you intend to oppose the petition you must not later than 7 days before the date fixed for the hearing:
(ii) send a copy of the notice to the petitioner or his solicitor.
The solicitor to the petitioning creditor is:-(n) |
No.
* Insert title | Re* | |
(a) Insert full name(s) and address(es) of petitioner(s) |
I/We (a) |
|
(b) Insert full name, place of residence and occupation (if any) of debtor (c) Insert in full any other name(s) by which the debtor is or has been known (d) Insert trading name (adding "with another or others", if this is so), business address and nature of business (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred (f) Give the same details as specified in note (d) for any other businesses which have been carried on at or after the time the petition debt was incurred (g) Delete as applicable |
petition the court that a bankruptcy order may be made against (b) [also known as (c) ] [and carrying on business as (d) ] [and lately residing at (e) ] [and lately carrying on business as (f) ] and say as follows: - 1. (g) The debtor's centre of main interests, being the place where he conducts the administration of his interests, is located within the United Kingdom, at OR The debtor's centre of main interests is located outside the United Kingdom but within the European Union and he has an establishment as defined by EC Regulation No. 1346/2000 within Northern Ireland at OR The debtor's centre of main interests is located outside the European Union. OR The debtor carries on business as an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation. 2. (g) The proceedings will be main OR secondary OR territorial proceedings for the purposes of the EC Regulation. OR The proceedings do not fall within the EC Regulation. Under the EC Regulation:
(ii) Establishment is defined as "any place of operations where the debtor carries out a non-transitory economic activity with human means and goods". |
|
(h) State in respect of the debt or each debt - (i) the amount, (ii) the consideration for the debt (or, if there is no consideration, the way in which it arises), and (iii) when the debt was incurred The amount or rate of any interest or other charge not previously notified to the debtor and the reasons why you are claiming it must be shown separately. Such amount must be limited to that claimed in the statutory demand (j) Insert date or dates when the debt becomes payable (k) Insert date (and in the case of personal service, time) of service of statutory demand as set out in affidavit of service (l) State manner of service in demand (m) If 3 weeks have not elapsed since service of statutory demand give reasons for earlier presentation of petition |
3.
The debtor is justly and truly indebted to me [us] in the aggregate sum of £(h) 4. The above-mentioned debt is for a liquidated sum payable on (j) and the debtor appears to have no reasonable prospect of being able to pay it. 5. On (k) a statutory demand was served upon the debtor by (l) in respect of the above-mentioned debt. To the best of my knowledge and belief the demand has neither been complied with nor set aside in accordance with the Rules and no application to set it aside is outstanding (m) 6. I/We do not, nor does any person on my/our behalf, hold any security on the debtor's estate, or any part thereof, for the payment of the above-mentioned sum. OR I/We hold security for the payment of (g) [part of] the above-mentioned sum. I/We will give up such security for the benefit of all the creditors in the event of a bankruptcy order being made. OR I/We hold security for the payment of part of the above-mentioned sum and I/we estimate the value of such security to be £ . This petition is not made in respect of the secured part of my/our debt. |
|
(n) Insert name of debtor (o) Only to be completed where the petitioning creditor is represented by a solicitor |
Endorsement This petition having been presented to the court on it is ordered that this petition shall be heard as follows: - Date Time hours Place and you, the above-named (n) , are to take notice that if you intend to oppose the petition you must not later than 7 days before the date fixed for the hearing:
(ii) send a copy of the notice to the petitioner or his solicitor.
The solicitor to the petitioning creditor is:-(o) |
No.
* Insert title | Re* |
(a) Insert full name(s) and address(es) of petitioner(s) | I/We (a) |
(b) Insert full name, place of residence and occupation (if any) of debtor (c) Insert in full any other name(s) by which the debtor is or has been known (d) Insert trading name (adding "with another or others", if this is so), business address and nature of business (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred (f) Give the same details as specified in note (d) for any other businesses which have been carried on at or after the time the petition debt was incurred (g) Delete as applicable |
petition the court that a bankruptcy order may be made against (b) [also known as (c) ] [and carrying on business as (d) ] [and lately residing at (e) ] [and lately carrying on business as (f) ] and say as follows: - 1. (g) The debtor's centre of main interests, being the place where he conducts the administration of his interests, is located within the United Kingdom, at OR The debtor's centre of main interests is located outside the United Kingdom but within the European Union and he has an establishment as defined by EC Regulation No. 1346/2000 within Northern Ireland at OR The debtor's centre of main interests is located outside the European Union. OR The debtor carries on business as an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation. 2. (g) The proceedings will be main OR secondary OR territorial proceedings for the purposes of the EC Regulation. OR The proceedings do not fall within the EC Regulation. Under the EC Regulation:
(ii) Establishment is defined as "any place of operations where the debtor carries out a non-transitory economic activity with human means and goods". |
(h) State in respect of the debt or each debt - (i) the amount, (ii) the consideration for the debt (or, if there is no consideration, the way in which it arises), and (iii) when the debt was incurred The amount or rate of any interest or other charge not previously notified to the debtor and the reasons why you are claiming it must be shown separately (j) Insert date on which judgment or decree was obtained (k) Insert name of court and in the case of the High Court, Division (l) Insert short title of action and record number (m) Delete if county court decree (n) Insert date of application to Enforcement of Judgments Office (o) Insert date certificate of unenforceability granted (p) Delete as applicable |
3.
The debtor is justly and truly indebted to me [us] in the aggregate sum of £(h) 4. The above-mentioned debt is for a liquidated sum payable immediately and the debtor appears to be unable to pay it. 5. On (j) a judgment/decree was obtained in (k) in an action entitled (l) " ", (m) [Record No. ,] in the sum of £ . On (n) an application was made to the Enforcement of Judgments Office for enforcement of the said judgment/decree and on (o) a certificate of unenforceability was granted in respect of (p) [the said sum] [£ part of the said sum]. The above-mentioned debt represents the amount remaining due on the said judgment/decree. 6. I/We do not, nor does any person on my/our behalf, hold any security on the debtor's estate, or any part thereof, for the payment of the above-mentioned sum. OR I/We hold security for the payment of (p) [part of] the above-mentioned sum. I/We will give up such security for the benefit of all the creditors in the event of a bankruptcy order being made. OR I/We hold security for the payment of part of the above-mentioned sum and I/we estimate the value of such security to be £ . This petition is not made in respect of the secured part of my/our debt. |
Endorsement This petition having been presented to the court on it is ordered that this petition shall be heard as follows:- Date Time hours Place And you, the above-named (q) , are to take notice that if you intend to oppose the petition you must not later than 7 days before the date fixed for the hearing:
(ii) send a copy of the notice to the petitioner or his solicitor.
The solicitor to the petitioning creditor is: (r) |
No.
* Insert title | Re* |
(a) Insert full name(s) and address(es) of petitioner(s) (b) Insert full name, place of residence and occupation (if any) of debtor (c) Insert in full any other name(s) by which the debtor is or has been known (d) Insert trading name (adding "with another or others", if this is so), business address and nature of business (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred (f) Give the same details as specified in note (d) for any other businesses which have been carried on at or after the time the petition debt was incurred (g) Delete as applicable |
I/We (a) petition the court that a bankruptcy order may be made against (b) [also known as (c) ] [and carrying on business as (d) ] [and lately residing at (e) ] [and lately carrying on business as (f) ] and say as follows:- 1. (g) The debtor's centre of main interests, being the place where he conducts the administration of his interests, is located within the United Kingdom, at OR The debtor's centre of main interests is located outside the United Kingdom but within the European Union and he has an establishment as defined by EC Regulation No. 1346/2000 within Northern Ireland at OR The debtor's centre of main interests is located outside the European Union. OR The debtor carries on business as an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation. 2. (g) The proceedings will be main OR secondary OR territorial proceedings for the purposes of the EC Regulation. OR The proceedings do not fall within the EC Regulation. Under the EC Regulation:
(ii) Establishment is defined as "any place of operations where the debtor carries out a non-transitory economic activity with human means and goods". |
(h) Insert date the debtor entered into voluntary arrangement (j) Insert name of supervisor (k) Give details of the default in connection with the composition or scheme, being the grounds under Article 250(1) of the Insolvency (Northern Ireland) Order 1989 upon which the bankruptcy order is sought |
3.
On (h) a voluntary arrangement proposed by the debtor was approved by his creditors and I am (g) [a person who is for the time being bound by the said voluntary arrangement and (j) is the supervisor][(j) the supervisor of the said voluntary arrangement] (k) |
(l) Insert name of debtor (m) Only to be completed where the petitioning creditor is represented by a solicitor |
Endorsement This petition having been presented to the court and filed on at a.m./p.m. it is ordered that the petition shall be heard as follows:- Date Time hours Place and you, the above-named (l) , are to take notice that if you intend to oppose the petition you must not later than 7 days before the date fixed for the hearing:
(ii) send a copy of the notice to the petitioner or his solicitor.
The solicitor to the petitioning creditor is: (m) |
*Insert title | Re* |
(a) Insert name and address of petitioner (b) Delete as appropriate (c) Insert full description of debtor as set out in the petition (d) Delete as applicable (e) Insert whether main, secondary or territorial proceedings |
Upon the petition of (a) (b) [a creditor], which was presented on And upon hearing And upon reading the evidence It is ordered that (c) be adjudged bankrupt. (d) And the Court being satisfied that the EC Regulation does apply and that these proceedings are (e) proceedings as defined in Article 3 of the EC Regulation. (d) The court is satisfied that the EC Regulation does not apply in relation to these proceedings Dated Time hours Important Notice to Bankrupt |
(f) Insert address of Official Receiver's office |
The Official Receiver is by virtue of this order receiver and manager of the bankrupt's estate. You are required to attend upon the Official Receiver at (f) immediately after you have received this order. The Official Receiver's offices are open Monday to Friday (except on Holidays) from 10.00 to 16.00 hours. |
(g) Order to be endorsed where petitioning creditor is represented by a solicitor |
Endorsement on Order (g) The solicitor to the petitioning creditor is:- Name Address Telephone Number Fax Number (if any) Reference |
* Insert title | Re* |
(a) Insert full name, address and occupation (if any) of debtor (b) Insert in full any other name(s) by which the debtor is or has been known (c) Insert former address or addresses at which the debtor may have incurred debts or liabilities still unpaid or unsatisfied (d) Insert trading name (adding "with another or others", if this is so), business address and nature of the business (e) Insert any former trading names (adding "with another or others", if this is so), business address and nature of the business in respect of which the debtor may have incurred debts or liabilities still unpaid or unsatisfied (f) Delete as applicable |
I (a) also known as (b) [lately residing at (c) ] [and carrying on business as (d) ] [and lately carrying on business as (e) ] request the court that a bankruptcy order be made against me and say as follows:- 1. (f) My centre of main interests, being the place where I conduct the administration of my interests, is located within the United Kingdom, at OR My centre of main interests is located outside the United Kingdom but within the European Union and I have an establishment as defined by EC Regulation No. 1346/2000 within Northern Ireland at OR My centre of main interests is located outside the European Union. OR I carry on business as an insurance undertaking; a credit institution; investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation. 2. (f) The proceedings will be main OR secondary OR territorial proceedings for the purposes of the EC Regulation. OR The proceedings do not fall within the EC Regulation. Under the EC Regulation
(ii) Establishment is defined in the Council Regulation (No. 1346/2000) on insolvency proceedings as "any place of operations where the debtor carries out a non-transitory economic activity with human means and goods"
3.
I am unable to pay my debts.
OR |
(g) Insert date |
I was adjudged bankrupt on (g) in the High Court of Justice in Northern Ireland Record No.
OR I (f) [made a composition] [entered into a scheme of arrangement] with my creditors.
OR I entered into a voluntary arrangement.
OR an administration order was made against me in the Enforcement of Judgments Office. 5. A statement of my affairs is filed with this petition. Date Signature |
Complete only if petition not heard immediately |
Endorsement This petition having been presented to the court on it is ordered that the petition shall be heard as follows:- Date Time hours Place |
*Insert title | Re* |
(a) Insert date (b) Delete words in square brackets if no appointment made under Article 247(2) (c) Insert name of insolvency practitioner appointed under Article 247(2) (d) Insert full description of debtor as set out in petition (e) Delete if no certificate for summary administration is issued under Article 249 of the Insolvency (Northern Ireland) Order 1989 (f) Only to be completed where a trustee is appointed on the making of the bankruptcy order under Article 270(3) (g) Delete as appropriate (h) Insert whether main, secondary or territorial proceedings |
Upon the petition of the above named debtor, which was presented on (a) And upon hearing (b) [and upon considering the report of (c) appointed under Article 247(2) of the Insolvency (Northern Ireland) Order 1989] And upon the petition and statement of affairs It is ordered that (d) be adjudged bankrupt. (e) [And it is certified that the estate of the bankrupt be administered in a summary manner] [And it is ordered that (f) be appointed trustee of the bankrupt's estate] [And it is also ordered that ] (g) And the court being satisfied that the EC Regulation does apply and that these proceedings are (h) proceedings as defined in Article 3 of the Regulation. OR (g) And the court is satisfied that the EC Regulation does not apply in relation to these proceedings. Dated Time hours |
(j) Insert address of Official Receiver's office |
Important Notice to Bankrupt The Official Receiver is by virtue of this order receiver and manager of the bankrupt's estate. You are required to attend upon the Official Receiver at (j) immediately after you have received this order. The Official Receiver's offices are open Monday to Friday (except on Holidays) from 10.00 to 16.00 hours. |
(k) Order to be endorsed where debtor is represented by a solicitor |
Endorsement on Order (k) The solicitor to the debtor is:- Name Address Telephone Number Fax Number (if any) Reference |
*Insert title |
Re* Master in chambers |
(a) Give full name and address of applicants |
Upon the application of (a) And upon hearing And upon reading the evidence |
(b) Delete as applicable (c) Insert whether main, secondary or territorial proceedings |
(b) And the court being satisfied that the debtor is unable to pay his debts And the court being satisfied that the EC Regulation (b) does/does not apply (b) and that these proceedings are (c) proceedings as defined in Article 3 of the EC Regulation |
(d) If a person other than the Official Receiver is to be appointed delete the words in [ ] otherwise insert the amount to be deposited |
It is ordered that (d) [upon the sum of £ being deposited by the applicant with the Official Receiver] the following person is appointed interim receiver of the property of the above-named debtor. |
(e) Insert either "the official receiver" or if an insolvency practitioner is to be appointed, his full name and address (f) Insert name and short description of property of which the interim receiver is to take possession, and the duties to be performed by him in relation to the debtor's affairs |
Name of interim receiver (e) Address (if applicable) And it is ordered that:- (f) Dated NOTICE TO DEBTOR You must give the interim receiver all the information he may require relating to your property and affairs in order for him to carry out the functions imposed on him by the terms of the above order. |
*Insert title | Re* |
1 | Name of Creditor | |
2 | Address of Creditor | |
3 | Total amount of claim, including any Value Added Tax and outstanding uncapitalised interest as at the date of the bankruptcy order | £ |
4 | Details of any document by reference to which the debt can be substantiated. [Note: the Official Receiver or Trustee may call for any document or evidence to substantiate the claim at his discretion] | |
5 | If the total amount shown above includes Value Added Tax, please show: - | |
(a) amount of Value Added Tax |
£ | |
(b) amount of claim NET of Value Added Tax |
£ | |
6 | If total amount above includes outstanding uncapitalised interest, please state amount | £ |
7 | If you have filled in both box 3 and box 5, please state whether you are claiming the amount shown in box 3 or the amount shown in box 5(b) | |
8 | Give details of whether the whole or any part of the debt falls within any (and if so which) of the categories of preferential debts under Article 346 of, and Schedule 4 to, the Insolvency (Northern Ireland) Order 1989 (as read with Schedule 4 to the Social Security Pensions (Northern Ireland) Order 1975) |
Category Amount(s) claimed as preferential |
9 | Particulars of how and when debt incurred | |
10 | Particulars of any security held, the value of the security, and the date it was given | £ |
11 | Particulars of any reservation of title claimed, including details of goods supplied, their value and when supplied | |
12 |
Signature of creditor or person authorised to act on his behalf Name in BLOCK LETTERS Position with or relation to creditor |
|
Admitted to vote for £ Date Official Receiver/Trustee |
||
Admitted preferentially for £ Date Trustee |
||
Admitted non-preferentially for £ Date Trustee |
[2] S.I. 1999/283 (N.I. 1); which renamed the Department of Economic Development as the Department of Enterprise, Trade and Investmentback
[3] S.R. 1991 No. 364, amended by S.R. 1994 No. 26, S.R. 1995 No. 291 and S.R. 2000 No. 247back
[4] Council Regulations (EC) 1346/2000, O.J. No. L160, 30.06.00 p. 1back