This is the version of this Legal Notice as it was from 3 May 2019 to 30 December 2022. Read the latest available version.
The Insolvency Regulations, 2016
Related documents
- Is amended by 24th Annual Supplement
LAWS OF KENYA
INSOLVENCY ACT
THE INSOLVENCY REGULATIONS, 2016
LEGAL NOTICE 47 OF 2016
- Published in Kenya Gazette Vol. CXVIII—No. 29 on 24 March 2016
- Commenced on 24 March 2016
- [Amended by Insolvency (Amendment) Regulations, 2018 (Legal Notice 7 of 2018) on 2 February 2018]
- [Amended by Insolvency (Amendment) (No. 2) Regulations, 2018 (Legal Notice 78 of 2018) on 20 April 2018]
- [Amended by Insolvency (Amendment) Regulations, 2019 (Legal Notice 29 of 2019) on 3 May 2019]
Part I – PRELIMINARY PROVISIONS
1. Citation and commencement
2. Interpretation
In these Regulations, unless the context otherwise requires—"Act” means the Insolvency Act, 2015;"authorisation" means an authorisation issued under section 9 of the Act;"certificate of authorisation" means a certificate certifying that the holder is authorised to practise as an insolvency practitioner in Kenya;"meeting" includes a meeting that is resumed after having been adjourned;"notice" means notice in writing.3. Prescribed bankruptcy level
For the purposes of the Act, the prescribed bankruptcy level for all other bankruptcies is two hundred and fifty thousand shillings.4. Form of documents
5. Authentication of documents
Part II – PUBLICATION OF NOTICES
6. Publication of notices
7. Content of all notices
8. Notice relating to a company
9. Notices relating to a bankruptcy
Part III – APPLICATIONS MADE IN COURT
10. Applications to court
Part IV – INSOLVENCY PRACTITIONERS
11. Academic requirements for insolvency practitioners
12. Procedure for application of licence to act as an insolvency practitioner
13. Duration of the certificate of authorisation to act as an insolvency practitioner
Unless revoked, cancelled or annulled, a certificate of authorisation to act as an insolvency practitioner shall be for a period of twelve months from the date on which it was issued or, if it is renewed in accordance with regulation 14, the date on which it was renewed.14. Renewal of a certificate of authorisation
Part V – PERSONAL BANKRUPTCY
15. Creditor may apply for bankruptcy order in respect of debtor
16. Application to set aside statutory demand
17. Hearing of application to set aside statutory demand
18. When debtor may make application for bankruptcy order
19. Prescribed minimum value and small bankruptcy level
For the purposes of section 33 of the Act—20. Notice of appointment of interim trustee to be published
For the purposes of section 38 (1)(b) of the Act, the notice of appointment of interim trustee required to be published in the Kenya Gazette shall be in Form 12 set out in the First Schedule.21. Notice of issuance of Bankruptcy Order
21A. Certificate of appointment to be filed in court.
The Official Receiver shall file a copy of the Certificate of Appointment issued under regulation 21(2) with the Court.[L.N. 7/2018, r. 8.]22. Bankrupt to lodge statement of financial position with bankruptcy trustee
23. Bankruptcy trustee to bank money and invest surplus
24. Bankruptcy trustee to keep proper accounting records
25. Bankruptcy trustee's final statement of receipts and payments
26. Removal of bankruptcy trustee and vacation of office
27. Court's power to regulate meeting under regulation 26
If a meeting is to be held in accordance with regulation 26, or is proposed to be summoned, the Court may, on the application of any creditor, give directions as to —28. Creditors' meeting to receive bankruptcy trustee's resignation
29. Leave to resign granted by the Court
30. Subsequent meetings of creditors
For the purposes of section 82 of the Act, the bankruptcy trustee is required to advertise the time, date and place of a subsequent meeting of creditors—30A. Notice under section 118 of the Act
For the purposes of section 118 of the Act, the notice of disclaimer in subsection (3) shall be in Form 22B as set out in the First Schedule.[L.N. 7/2018, r. 11.]31. Creditor in possession of goods may prove in bankruptcy if bankruptcy trustee has not exercised powers
The following documents are prescribed for the purposes of section 134 (2) (a) of the Act —32. Duties of bankrupt in respect of after-acquired property
33. Court may impose charge on bankrupt's property
For the purposes of section 143(2) of the Act, the prescribed rate of interest is six per centum.34. Expenses of person summoned by bankruptcy trustee or the Court
35. Bankrupt entitled to be paid expenses for attending examination
The expenses that a bankrupt is entitled to be paid for attending a public examination before the Court under section 184 of the Act to which a person attending proceedings in the High Court as a witness would be entitled.36. Procedure for cancelling irregular transactions
The following classes of transactions are prescribed for the purposes of section 208 (1) (d) of the Act—37. Procedure for proving debt: creditor to submit claim form
38. Prescribed rate of interest for purposes of sections 235, 238, 240 and 247 of the Act
The rate of interest prescribed for the purposes of section 235, 238, 240 and 247(4) of the Act is six per centum.39. Final distribution of bankrupt's estate
For the purposes of section 252 (2) of the Act, the prescribed information is as follows—40. Form for lodging objection to automatic discharge of bankrupt
41. Manner in which objection under section 256 of the Act can be withdrawn
The manner for withdrawing an objection lodged under section 257 (1) of the Act is by notice of motion lodged in the Court by the objector.42. When creditor required to give notice of opposition to discharge.
For the purposes of section 261 (2) (b) of the Act, the period in which a creditor is required to give notice of opposition to the discharge of a bankrupt is ten days from the date of making the application to give notice for opposition of discharge.43. Insolvency account
The public account prescribed for the purposes of section 272 (6) (b) of the Act is the Insolvency Account.44. Deed of composition to be executed
For the purpose of section 281 (3) of the Act, the commission to be paid to the Official Receiver is eighteen per centum on realisation of the bankrupt's assets and twelve per cent on the distribution of the bankrupt's estate.44A. Voluntary arrangement
An application for voluntary arrangement shall be in Form 23A as set out in the First Schedule and shall be accompanied by the following documents—Part VI – VOLUNTARY ARRANGEMENTS: NATURAL PERSONS
45. Particulars to be included in the Debtor's Statement of Affairs
For the purposes of section 307 (2) of the' Act, the particulars to be included in a statement of the debtor's financial affairs are as follows—46. Additional requirements for the debtor's financial affairs statement
47. Conduct of creditors' meeting: consideration of debtor's proposal
A creditors' meeting convened under section 309 and 310 of the Act to consider a debtor's proposal is to be conducted in accordance with the procedures set out in the Third Schedule.48. Period for application for annulment of Bankruptcy Order
For the purposes of section 313 (1) (b) of the Act, the prescribed period is twenty-one days.49. Particulars to be included in the Debtor's Statement of Affairs
Part VII – SUMMARY INSTALMENT ORDERS
50. Requirements for applications for summary instalment orders
51. Prescribed level for summary instalment order
For the purposes of section 326 (1)(a) of the Act, the prescribed amount for summary instalment order is five hundred thousand shillings.52. Payments to creditors
53. Period within which creditor may make representations to the Official Receiver
For the purposes of section 339(2) of the Act, the period within which the debtor or a creditor is required to make representations to the Official Receiver is fourteen days after the date of the service of the notice under regulation 54(2).54. Power of Official Receiver to modify or reverse supervisor's decision to reject creditor's claim
55. Creditor to submit claim form
56. Late claim in respect of debt incurred before summary instalment order
57. Claim in respect of debt incurred after summary instalment order made
58. Variation of order as a result of admission of claim under regulation 56 or 57
The supervisor, or the debtor if no supervisor has been appointed, may apply to the Official Receiver for a variation of the order if the admission of a claim under regulation 56 or 57 would substantially affect the performance of the order.59. Supervisor shall notify creditors as to acceptance or rejection of claim
60. Power of Official Receiver to modify or reverse supervisor’s decision to reject creditor’s claim
61. Advice to creditors of dividend
The supervisor shall ensure that remittances of dividends to creditors are accompanied by an advice note identifying the payment and the period to which it relates.62. Notice to employer to pay debtor’s earnings to supervisor
A direction by a supervisor to the debtor’s employer to pay all or part of the debtor’s earnings to the supervisor is not effective unless it—63. Notice of default under summary instalment order
As soon as practicable after becoming aware that the debtor under a summary instalment order has defaulted, the supervisor shall notify the Official Receiver and each creditor of the default in Form 26A as set out in the First Schedule.[L.N. 7/2018, r. 18.]64. Variation or discharge of summary instalment order
65. Notice by supervisor of variation or discharge of order
66. Supervisor’s obligations
The supervisor is responsible for performing diligently and competently the duties of a supervisor prescribed by the Act, these Regulations, and the terms of the order appointing the supervisor.67. Supervisor and debtor to render accounts if required by Official Receiver
68. Supervisor to provide Official Receiver with statement of receipts and payments after discharge of order
69. Supervisor’s remuneration
For the purposes of section 329 (2) of the Act, the supervisor may not charge the debtor an amount exceeding seven per centum of the value of the assets of the debtor that are recovered by the supervisor.70. Money received by supervisor
71. Payments to creditors
Part VIII – NO-ASSET PROCEDURE
72. Application for entry to no-asset procedure
73. When debtor admitted to no-asset procedure
74. Official Receiver’s notice to debtor of termination of debtor’s participation in no-asset procedure
The Official Receiver shall ensure that a notice of termination made in Form 30 set out in the First Schedule under section 355 (2) of the Act—Part IX – ADMINISTRATION OF INSOLVENT DECEASED’S ESTATES
75. Application by executor or administrator, etc
For the purposes of section 364(4)(b)(ii) of the Act, the prescribed time is twenty eight days.76. Certificate lodged by the Public Trustee has effect as application and order
The certificate lodged by the Public Trustee pursuant to section 368 (2) of the Act shall be in Form 31 set out in the First Schedule.Part X – LIQUIDATION OF COMPANIES
Division 1— General provisions
77. Effect of company’s insolvency
77A. Voluntary liquidation of a company
77B. Liquidation by court
77C. Notice of appointment of a liquidator
Upon appointment as a liquidator, the liquidator shall—77D. Liquidation order
For the purpose of section 425 of the Act the Liquidation Order shall be in Form 32G as set out in the First Schedule.[L.N. 7/2018, r. 19.]77E. Release of liquidation obligation
For the purpose of section 469 (2)(c) of the Act, the period within which a liquidator is released from the liquidator's obligations with respect to the company shall be within seven days of lodging the resignation notice in Form 32H as set out in the First Schedule, with the Registrar.[L.N. 7/2018, r. 19.]77F. Notice for lack of quorum
For the purpose of section 402 (6) of the Act, if a quorum is not present at the meeting, the liquidator shall make a return that the meeting was duly convened and that no quorum was present, in form of a notice to the Registrar in Form 321 set out in the First Schedule.[L.N. 7/2018, r. 19.]77G. Notice of liquidator's statement of accounts
78. Additional particulars statement of financial position before creditors
78A. Particulars of the company's statement of affairs
79. Court Bailiff
The court bailiff is a prescribed officer of the Court for purposes of section 436 (2) of the Act.Division 2— Resignation of liquidator from office: voluntary liquidation
79A. Delegated functions of the Liquidator
For the purpose of section 459 (1) of the Act, a liquidator may exercise the functions imposed on the Court with regards to the matters specified under section 459 (2) of the Act.[L.N. 7/2018, r. 21.]80. Effect of regulations 80 to 84
Regulations 80 to 84 are intended to give effect to or supplement the provisions of section 467 of the Act relating to the resignation of a liquidator.81. Resignation from office of liquidator
82. Creditors’ meeting convened to consider liquidator’s resignation
83. Leave to resign granted by the Court
84. Advertisement of resignation
If a new liquidator is appointed in place of one who has resigned, the new liquidator shall, in giving notice of the appointment in Form 34 as set out in the First Schedule, state—(a)that the liquidator’s predecessor has resigned; and(b)if it is the case, that the liquidator has been released from the liquidator’s responsibilities.[L.N. 7/2018, r. 23.]Division 3 — Removal of liquidator from office
85. Effect of regulations 85 to 91
Regulations 85 to 91 are intended to give effect to or supplement the provisions of section 468 of the Act relating to the removal of a liquidator from office by the company’s creditors or by the Court.86. Meeting of creditors to remove liquidator
87. Creditors meeting to remove liquidator
88. Court's power to regulate meetings under regulations 86 or 87
If a meeting under regulation 86 or 87 is to be held, or is proposed to be convened, the Court may, on the application of any creditor, give directions concerning any of the following matters—89. Procedure on removal
If the creditors have resolved that the liquidator be removed, the person presiding at the creditors' meeting shall without delay—90. Notice of removal
If a new liquidator is appointed in place of one who has been removed from office, the new liquidator shall, in giving notice of the appointment, state—91. Application for removal of liquidator by the Court or for order directing holding of creditors’ for removal of liquidator
Division 4—Release of liquidator who has resigned or been removed from office
92. Regulations 93 and 94 to apply to the release of resigning or removed liquidator
Regulations 93 and 94 apply to the release of a liquidator who has resigned or been removed from office in accordance with section 467 or 468 of the Act.93. Release of resigning or removed liquidator
94. Release of liquidator in the case of company liquidated voluntarily
For the purposes of section 469 (2) (c) of the Act relating to the release of a liquidator in the instance where the company is liquidated voluntarily, the prescribed time shall be twenty eight days.95. Release of liquidator in the case of company liquidated by the Court
For the purposes of section 470 (4) (d) of the Act relating to release of a liquidator in the instance where the company is liquidated by the Court, the prescribed time shall be forty five days.Division 5— Ending liquidation
95A. Provable debt
96. Share of assets to be made available for unsecured creditors where floating charge relates to company’s property.
97. Appointment of special manager to manage business of company in liquidation or provisional liquidation
98. Power of liquidator to disclaim onerous property
For the purposes of section 476 of the Act, the form for a notice disclaiming onerous property is required—98A. Notice of disclaimer of onerous property
For the purpose of section 476 (1) of the Act, the notice of disclaimer of onerous property shall be in Form 34A as set out in the First Schedule.[L.N. 7/2018, r. 27.]99. Creditor not entitled to retain benefit of execution or attachment against liquidator in certain circumstances
For the purposes of section 481 of the Act, a charging order made by a Court in respect of land is a prescribed event.100. Interest on debts to be paid if surplus permits
The rate of interest payable under section 486 of the Act in respect of a debt is six per centum.101. Liquidator to lodge periodic statements with Registrar
101A. Class of persons who may apply for an administration order
101B. Class of persons who the applicant of an administration order may notify
For the purpose of section 532 (2)(b) of the Act, the persons who the applicant of an administration order may notify shall include—Part XI – COMPANY ADMINISTRATION
Division 1— Appointment of administrators
102. Appointment of administrator by holder of floating charge
103. Duty of holder of relevant floating charge to notify appointment to administrator and other persons
The following persons are prescribed for the purposes of section 539 of the Act—104. Notice to be given of intention to appoint administrator
105. Person giving notice of intention to appoint administrator to lodge certain documents with the Court
106. Person appointing administrator under section 541 of the Act to lodge certain documents with the Court
107. Person making appointment to notify appointment to administrator and others
The following persons are prescribed for the purposes of section 551 of the Act—107A. Consideration for approval to enforce security
For the purposes of section 560 of the Act, when considering whether to grant approval to lift moratorium, the court may in particular take into consideration—(a)the statutory purpose of administration;(b)the impact of the approval on the applicant particularly whether the applicant is likely to suffer significant loss;(c)the legitimate interests of the applicant and the legitimate interest of the secured creditors and other creditors of the company; and(d)the conduct of the parties.[L.N. 29/2019, r. 2.]Division 8 – Process of Administration
108. Announcement of administrator’s appointment
108A. Class of persons who may be notified of the administrator’s appointment notice
For the purpose of section 563(5) of the Act, the class of persons who the administrator may notify of his appointment shall include—109. Relevant persons to provide administrator with statement of company’s affairs
110. Administrator's proposals: additional content
111. Administrator's proposals: statement of pre-administration costs
112. Administrator's proposals: ancillary provisions about delivery
113. Approval of administrator’s proposals
114. Invitation to creditors to form a creditors’ committee
115. Notice of extension of time to seek approval
If the Court orders an extension to the period set out in section 568 (1)(b) of the Act, the administrator shall, as soon as practicable after receiving a copy of the order, deliver a notice of the extension to each person to whom the administrator is required to deliver a notice by section 566(4) of the Act.[L.N. 7/2018, r. 34.]116. Notice of the creditors’ decision on the administrator’s proposals
117. Administrator's proposals: revision
118. Notice of result of creditors’ decision on revised proposals
119. Application of regulations 121 and 122
Regulations 121 and 122 apply to the disclosure of information which would be likely to detrimentally affect the conduct of the administration or might reasonably be expected to lead to violence against any person.120. Orders limiting disclosure of statement of affairs, etc
121. Order for disclosure
122. Rescission or amendment of order for limited disclosure
123. Publication etc. of statement of affairs or statement of proposals
124. Conduct of creditors’ meetings
For the purposes of section 567 of the Act, a creditors’ meeting is to be conducted in accordance with the Third Schedule.125. Procedure to be followed in convening creditors’ meeting
126. Business to be conducted at initial creditors’ meeting and obligation of administrator to report outcome to the Court and others
For the purposes of section 570 of the Act requiring the administrator to report the outcome of the initial creditors’ meeting to the court and to the following other persons—127. Administrator’s proposals can be revised
127A. Sale of substantial assets by an Administrator
For the purpose of section 573 of the Act, the administrator of a company shall convene a meeting seeking creditors' approval for the sale of substantial assets of not less than ten percent of the total assets of the company.[L.N. 78 of 2018, r. 3.]127B. Administrator may continue or disclaim contracts entered into by the company before administration commenced
For the purpose of section 580 of the Act, if a company is a party to a contact, the Administrator may —128. Administrator’s conduct of administration can be challenged
For the purpose of section 591 (6) (c) of the Act, a merger to which Part XXXV of the Companies Act, 2015 applies.129. Termination of administration when objective achieved
For the purposes of section 596 of the Act, the information required to be included in a notice under that section is a final progress report, which includes a summary of—130. Procedure for moving from administration to creditors’ voluntary liquidation
For the purposes of section 599 (6) (a) of the Act—131. Resignation of administrator under section 603 of the Act
131A. Post commencement credit
For the purposes of section 576 and 583 of the Act—Part XII – COMPANY VOLUNTARY ARRANGEMENTS
132. Interpretation: Division 1 of Part XII of the Act
The following other publications are prescribed for the purposes of Part IX of the Act—133. Procedure if provisional supervisor is not the liquidator or administrator
134. Conduct of meetings of company and its creditors
For the purposes of section 628 of the Act, the rules for conducting meetings of the company and of the creditors are those set out in the Third Schedule.135. Statement of company’s financial position for obtaining moratorium
Part XIII – MISCELLANEOUS PROVISIONS
136. Courts, Official Receiver and others to publish orders and notices on their respective websites
For the purposes of section 722 of the Act the Courts, Official Receiver and other concerned persons shall publish orders and notices on their respective websites including when the following steps are undertaken—137. Official Receiver, bankruptcy trustees, liquidators and administrators to notify creditors of prescribed steps in the insolvency process
137A. Creditors request for information from a relevant office holder.
138. Additional reasons for refusing access to public register or suspending operation of public register
The Official Receiver may refuse access to a public register maintained under section 47, 337, or 350 of the Act, or suspend the operation of it, for any of the following additional reasons—139. Additional information in public registers
In addition to the information specified in section 449 (1) of the Act, the Official Receiver shall ensure that a public register maintained under section 47, 337 or 350 of the Act contains the year of birth of the person who is or has been bankrupt or who is subject to a current summary instalment order or currently admitted to the no asset procedure.[L.N. 7/2018, r. 44.]140. Fees payable in relation to matters under the Act
141. Transitional provision
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FIRST SCHEDULE
[Regulation 12(1), L.N. 7/2018, r. 45(a)(b)(c)(d).]FORM No. 1THE INSOLVENCY ACT
– – – – – –
IN THE HIGH COURT OF KENYA
– – – – – –
APPLICATION FOR AN INSOLVENCY PRACTITIONER LICENSE
A. PERSONAL INFORMATION
E.SUITABILITY**State, and provide full details where you answer Yes:
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Note—If there is more than one petitioner, and they do not sign together, the signature of each shall be separately attested, e.g. “Signed by the petitioner E.F. in my presence”, etc. If the petition is signed by a firm, the partner signing should add also his own signature, e.g. “A.S. & Co. F.S., a partner in the said firm”. If the debtor resides at any place other than the place where he carried on business both addresses should be inserted.Endorsement
This petition having been presented to the Court on the ..................... day of ............................., 20................., it is ordered that this petition shall be heard at [insert the place at which the debtor is to attend on the Receiver] on the ................ day of ..................., 20 ............., at .................. o’clock in the ......................... noon.And you the said A.B. are to take notice that if you intend to dispute the truth of any of the statements contained in the petition you shall file with the Registrar of this Court a notice showing the grounds upon which you intend to dispute the same, and send by post a copy of the notice to the petitioner [three] days before the date fixed for the hearing._______________
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SECOND SCHEDULE
[L.N. 7/2018, r. 45(d).]Part I - PROFESSIONAL INDEMNITY COVER AND BOND
THIRD SCHEDULE [Regs. 12(6), 47, 114(2),115(2), 125, 131,135 & 137, L.N. 7/2018, r. 45(e), L.N. 78/2018.]
RULES FOR CONDUCT OF MEETINGS OF CREDITORS AND OTHERS
PART I—APPLICATION OF THIS SCHEDULE
1. Interpretation and scope
2. The prescribed meetings
The following meetings are meetings by which a convenor may seek from creditors a decision under the Act or these Regulations—3. Virtual meetings
If the meeting is a virtual meeting, the notice sent or sent to creditors is required—4. Actual meetings
PART 2 — NOTICES, VOTING AND VENUES FOR MEETINGS
5. Notices to creditors of meetings
6. Voting at a meeting
7. Venue for meeting
The convenor is required to have regard to the convenience of those invited to attend when fixing the venue, if applicable, for a meeting including the resumption of an adjourned meeting.8. Notice of meetings: when and to whom sent
The convenor shall send notices of decisions in accordance with the following table:
9. Notice of meeting by advertisement only
10. Notification and advertisement of meeting
11. Notice to company officers, bankrupts etc. in respect of meetings
(1) In a bankruptcy, notice of a meeting is required to be sent to the bankrupt.12. Non-receipt of notice of decision
If a decision is sought by notice in accordance with the Act or these rules, the meeting is presumed to have been duly initiated and conducted, even if not everyone to whom the notice is to be sent has received it.PART 3 — REQUISITIONED MEETINGS
13. Requisition of decision
14. Expenses and timing of requisitioned meeting
PART 4 — CONSTITUTION OF MEETINGS
15. Quorum at meeting
16. Who can preside over meetings
The following persons are eligible to preside at a meeting—17. Attendance by other persons
The person presiding at a meeting may—(a)allow any person who has given reasonable notice to attend to participate in a virtual meeting or to be admitted to an actual meeting;(b)decide what intervention, if any, may be made at—(i)a meeting of creditors by any person attending who is not a creditor; or(ii)a meeting of contributories by any person attending who is not a contributory;(c)decide what questions may be put to—(i)any present or former officer of the company; or(ii)the bankrupt.PART 5 — ADJOURNMENT AND SUSPENSION OF MEETINGS
18. Adjournment by person presiding
19. Adjournment of meetings to remove a bankruptcy trustee or liquidator
20. Adjournment in absence of person presiding
21. Proofs in adjournment
If a meeting in a bankruptcy, company administration, a creditors’ voluntary liquidation, or a liquidation by the Court is adjourned, proofs may be used—23. Suspension of meetings
The person presiding at a meeting may, without an adjournment, declare the meeting suspended for one or more periods not exceeding one hour in total or, in exceptional circumstances, such longer total period during the same day at that person’s discretion.PART 6— CREDITORS’ VOTING RIGHTS AND MAJORITIES
24. Creditors’ voting rights
25. Calculation of voting rights
26. Calculation of voting rights: special cases
27. Procedure for admitting creditors’ claims for voting
28. Requisite majorities
29. Procedure for admitting creditors’ claims for voting
30. Requisite majorities
31. Appeals against decisions under these rules
31A. Equal treatment of creditors within a class
For the purpose of this Part creditors in the same class shall be treated equally in relation to each claim or interest of a particular class, unless the holder of a particular claim or interest agrees to a less favourable treatment of such particular claim or interest.[L.N. 78/2018, r. 5(a).]PART 6A— CREDITORS CLAIM
31B. Creditors claim in the liquidation
31C. Liquidator's examination of creditors claim
31D. Notice to creditor of a rejected claim
As soon as practicable after rejecting a creditor's claim, or a part of it, the liquidator shall give the creditor a notice rejecting the claim and specifying the grounds for the rejection.[L.N. 78/2018, r. 5(b).]31E. Directors or creditors notice to the liquidations
31F. An application to court an improperly allowed creditors claim
31G. Creditors application to court for a rejected creditors claim
31H. Service of a copy of the application in paragraph 31B
31I. Courts order on costs
On the hearing of an application made under paragraph 31B (5), the Court may, make an order directing specified costs —(a)of a creditor to be added to the creditor's claim;(b)of a party to the proceeding to be paid out of the company's estate; or(c)to be paid by a specified party to the proceedings (other than the liquidator).[L.N. 78/2018, r. 5(b).]PART 7— EXCLUSIONS FROM MEETINGS
32. Action when person excluded
33. Indication to excluded person
34. Complaints by or in relation to excluded persons
(1) A person may make a complaint if the person—(a)is, or claims to be, an excluded person; or(b)attends a meeting and claims to have been adversely affected by the actual, apparent or claimed exclusion of another person.PART 8— CONTRIBUTORIES' VOTING RIGHTS AND MAJORITIES
35. Contributories' voting rights and requisite majorities
In a meeting for contributories—(a)voting rights are the same as for a general meeting of the company, subject to any provision of the company’s articles affecting entitlement to vote, either generally or at a time when the company is in liquidation; and(b)a decision is made if more than one half of the votes cast by contributories are in favour of the relevant motion.PART 9— RECORDS
36. Record of a decision
PART 10 — COMPANY MEETINGS
37. Company meetings
38. Location of company meetings
(1) This rule applies to a request to the convenor of a meeting to specify a venue for the meeting.39. Action to be taken when person is excluded
40. Indication to be made to an excluded person
41. Complaints by excluded persons
PART 11— PROXIES AND CORPORATE REPRESENTATION
42. Specific and continuing proxies
43. Blank proxies
44. How proxies can be used at meetings
45. Use of proxies by the person presiding
46. Right of inspection and retention of proxies
47. Proxy-holders who have a financial interest
48. Corporate representation
History of this document
31 December 2022
Revised by
24th Annual Supplement
Read this version
30 April 2021
Amended by
Insolvency (Amendment) Regulations, 2021
03 May 2019 this version
Amended by
Insolvency (Amendment) Regulations, 2019
20 April 2018
02 February 2018
Amended by
Insolvency (Amendment) Regulations, 2018
24 March 2016
Commenced