Change 1 Article Choose an article Title and introductory text 1 Citation and commencement 2 Extent and application 3 Revocation 4 Interpretation 5 Application of certain rules of the 2016 Rules with modifications 6 Defined terms (rule 1.2) 7 Information required to identify persons and proceedings etc. (rule 1.6) 8 Variations from prescribed contents (rule 1.9) 9 Standard content of all notices (rule 1.11) 10 Gazette notices relating to a company (rule 1.12) 11 The Gazette: evidence, variations and errors (rule 1.14) 12 Registrar of companies: covering notices (rule 1.20) 13 Standard contents of all documents (rule 1.21) 14 Standard contents of documents relating to the office of office-holders (rule 1.22) 15 Standard contents of documents relating to other events (rule 1.27) 16 Standard contents of notices to be delivered to persons other than the registrar of companies (rule 1.28) 17 Standard contents of all notices (rule 1.29) 18 Standard contents of notices relating to the office of office-holders (rule 1.30) 19 Standard contents and authentication of applications to the court under Parts A1 to 11 of the Act (rule 1.35) 20 Application of Chapter (rule 1.36) 21 Delivery to the creditors and opting out (rule 1.37) 22 Creditor’s election to opt out (rule 1.38) 23 Office-holder to provide information to creditors on opting out (rule 1.39) 24 Electronic delivery of documents (rule 1.45) 25 Use of website by office-holder to deliver a particular document (sections 246B and 379B) (rule 1.49) 26 Retention period for documents made available on websites (rule 1.51) 27 Proof of delivery of documents (rule 1.52) 28 Delivery of proofs and details of claims (rule 1.53) 29 Right to copies of documents (rule 1.54) 30 Charges for copies of documents provided by the office-holder (rule 1.55) 31 Offence in relation to inspection of documents (rule 1.56) 32 Right to list of creditors (rule 1.57) 33 Confidentiality of documents: grounds for refusing inspection (rule 1.58) 34 Proposed administrator’s statement and consent to act (rule 3.2) 35 Administration application (paragraph 12 of Schedule B1) 36 Witness statement in support of administration application (rule 3.6) 37 Service of application (rule 3.8) 38 The order (rule 3.13) 39 Notice of administration order (rule 3.15) 40 Publication of administrator’s appointment (rule 3.27) 41 Moratorium (rule 3.27A) 42 Statement of affairs: release from requirement and extension of time (rule 3.33) 43 Administrator’s proposals: additional content (rule 3.35) 44 Administrator’s proposals: statement of pre-administration costs (rule 3.36) 45 Advertising administrator’s proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1) (rule 3.37) 46 Administrator’s proposals: revision (rule 3.42) 47 Creditors’ decision for the nomination of alternative liquidator (rule 3.42A) 48 Order of priority (rule 3.51) 49 Pre-administration costs (rule 3.52) 50 Administrator’s application for order ending administration (paragraph 79 of Schedule B1) (rule 3.57) 51 Notice by administrator of court order (rule 3.59) 52 Moving from administration to creditors’ voluntary winding up (paragraph 83 of Schedule B1) (rule 3.60) 53 Moving from administration to dissolution (paragraph 84 of Schedule B1) (rule 3.61) 54 Notice of intention to resign (rule 3.63) 55 Notice of resignation (paragraph 87 of Schedule B1) (rule 3.64) 56 Application to court to remove administrator from office (rule 3.65) 57 Notice of vacation of office when administrator ceases to be qualified to act (rule 3.66) 58 Deceased administrator (rule 3.67) 59 Application to replace (rule 3.68) 60 Appointment of replacement or additional administrator (rule 3.69) 61 Court rules and practice to apply (rule 12.1) 62 Preliminary (rule 12.6) 63 Service or delivery of application (rule 12.9) 64 Special administrator’s solicitor (rule 12.13A) 65 Applications under section 176A(5) to disapply section 176A (rule 12.14) 66 Notice of an order under section 176A(5) (rule 12.16) 67 Application of this sub-division and interpretation (rule 12.17) 68 Contents of application (rule 12.18) 69 Procedure for examination (rule 12.20) 70 Costs of proceedings under sections 236, 251N and 366 (rule 12.22) 71 Evidence provided by the official receiver, an insolvency practitioner or a special manager (rule 12.29) 72 General power of transfer (rule 12.30) 73 Proceedings commenced in the wrong court (rule 12.31) 74 Procedure following order for transfer (rule 12.33) 75 The court file (rule 12.39) 76 Requirement to assess costs by the detailed procedure (rule 12.42) 77 Procedure where detailed assessment is required (rule 12.43) 78 Awards of costs against an office-holder, the adjudicator or the official receiver (rule 12.47) 79 Applications for costs (rule 12.48) 80 Costs and expenses of petitioners and other specified persons (rule 12.49) 81 Orders enforcing compliance (rule 12.52) 82 Warrants (general provisions) (rule 12.53) 83 Warrants under sections 236, 251N and 366 (rule 12.55) 84 Appeals and reviews of court orders in corporate insolvency (rule 12.59) 85 Shorthand writers: nomination etc. (rule 12.65) 86 Application of Part 14 and interpretation (rule 14.1) 87 Provable debts (rule 14.2) 88 Proving a debt (rule 14.3) 89 Requirements for proof (rule 14.4) 90 Costs of proving (rule 14.5) 91 Allowing inspection of proofs (rule 14.6) 92 Appeal against decision on proof (rule 14.8) 93 Office-holder not liable for costs under rule 14.8 (rule 14.9) 94 Exclusion of proof by the court (rule 14.11) 95 Administration and winding up by the court: debts of insolvent company to rank equally (rule 14.12) 96 Administration and winding up: division of unsold assets (rule 14.13) 97 Moratorium, administration and winding up: estimate of value of debt (rule 14.14) 98 Secured creditor: value of security (rule 14.15) 99 Secured creditor: surrender for non-disclosure (rule 14.16) 100 Secured creditor: redemption by office-holder (rule 14.17) 101 Secured creditor: test of security’s value (rule 14.18) 102 Interest (rule 14.23) 103 Administration: mutual dealings and set-off (rule 14.24) 104 Gazette notice of intended first dividend or distribution (rule 14.28) 105 Individual notices to creditors etc. of intended dividend or distribution (rule 14.29) 106 Contents of notice of intention to declare a dividend or make a distribution (rule 14.30) 107 Further contents of notice to creditors owed small debts etc. (rule 14.31) 108 Notice of declaration of a dividend (rule 14.35) 109 Contents of last notice about dividend (administration, winding up and bankruptcy) (rule 14.37) 110 Sole or final dividend (rule 14.38) 111 Administration and winding up: provisions as to dividends (rule 14.39) 112 Supplementary provisions as to dividends and distributions (rule 14.40) 113 Administration and winding up: non-payment of dividend (rule 14.45) 114 Application of Part (rule 15.1) 115 Interpretation (rule 15.2) 116 The prescribed decision procedures (rule 15.3) 117 Physical meetings (rule 15.6) 118 Deemed consent (sections 246ZF and 379ZB) (rule 15.7) 119 Notices to creditors of decision procedure (rule 15.8) 120 Voting in a decision procedure (rule 15.9) 121 Notice of decision procedures or of seeking deemed consent: when and to whom delivered (rule 15.11) 122 Gazetting and advertisement of meeting (rule 15.13) 123 Notice to company officers, bankrupts etc. in respect of meetings (rule 15.14) 124 Chair at meetings (rule 15.21) 125 The chair – attendance, interventions and questions (rule 15.22) 126 Adjournment by chair (rule 15.23) 127 Adjournment in absence of chair (Rule 15.25) 128 Proofs in adjournment (rule 15.26) 129 Creditors’ voting rights (rule 15.28) 130 Calculation of voting rights (rule 15.31) 131 Calculation of voting rights: special cases (rule 15.32) 132 Requisite majorities (rule 15.34) 133 Appeals against decisions under this Chapter (rule 15.35) 134 Record of a decision (Rule 15.40) 135 Company meetings (rule 15.41) 136 Indication to excluded person (rule 15.45) 137 Complaint (rule 15.46) 138 Use of proxies by the chair (rule 16.5) 139 Right of inspection and retention of proxies (rule 16.6) 140 Instrument conferring authorisation to represent corporation (rule 16.9) 141 Reporting by the office-holder (rule 18.2) 142 Contents of progress reports in administration, winding up and bankruptcy (rule 18.3) 143 Progress reports in administration: timing (rule 18.6) 144 Administration, creditors’ voluntary liquidation and compulsory winding up: reporting distribution of property to creditors under rule 14.13 (rule 18.10) 145 Remuneration principles (rule 18.16) 146 Remuneration of joint office-holders (rule 18.17) 147 Remuneration: application to the court to fix the basis (rule 18.23) 148 Remuneration: new administrator, liquidator or trustee (rule 18.31) 149 First excepted case (rule 22.4) SCHEDULE Application of the 2016 Rules for the purposes of these Rules
What to do with it
As published
149 First excepted case (rule 22.4)
Rule 22.4 has effect as if—
(a) paragraph (1)(b)(i) were omitted;
(b) in paragraph (1)(b)(ii), “acting in relation to it as administrator, administrative receiver or supervisor of a CVA” were omitted;
(c) for paragraph (3)(c) there were substituted—
(c) where the company is in special administration, must contain—
(i) the date that the company entered special administration, and
(ii) a statement that the person was a director of the company on that date.
;
(d) paragraph (3)(d) were omitted;
(e) in sub-paragraph (4)(a), “, administrative receiver” to “other company)” were omitted.
Your wording
Your change, as a redline
149 First excepted case (rule 22.4)
Rule 22.4 has effect as if—
(a) paragraph (1)(b)(i) were omitted;
(b) in paragraph (1)(b)(ii), “acting in relation to it as administrator, administrative receiver or supervisor of a CVA” were omitted;
(c) for paragraph (3)(c) there were substituted—
(c) where the company is in special administration, must contain—
(i) the date that the company entered special administration, and
(ii) a statement that the person was a director of the company on that date.
;
(d) paragraph (3)(d) were omitted;
(e) in sub-paragraph (4)(a), “, administrative receiver” to “other company)” were omitted.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.