The Insolvency (England and Wales) Rules 2016

CHAPTER 3Form and content of documents

Requirement for writing and form of documents

1.4.—(1) A notice or statement must be in writing unless the Act or these Rules provide otherwise.

(2) A document in electronic form must be capable of being—

(a)read by the recipient in electronic form; and

(b)reproduced by the recipient in hard-copy form.

Authentication

1.5.—(1) A document in electronic form is sufficiently authenticated—

(a)if the identity of the sender is confirmed in a manner specified by the recipient; or

(b)where the recipient has not so specified, if the communication contains or is accompanied by a statement of the identity of the sender and the recipient has no reason to doubt the truth of that statement.

(2) A document in hard-copy form is sufficiently authenticated if it is signed.

(3) If a document is authenticated by the signature of an individual on behalf of—

(a)a body of persons, the document must also state the position of that individual in relation to the body;

(b)a body corporate of which the individual is the sole member, the document must also state that fact.

Information required to identify persons and proceedings etc.

1.6.—(1) Where the Act or these Rules require a document to identify, or to contain identification details in respect of, a person or proceedings, or to provide contact details for an office-holder, the information set out in the table must be given.

(2) Where a requirement relates to a proposed office-holder, the information set out in the table in respect of an office-holder must be given with any necessary adaptations.

Reasons for stating that proceedings are or will be main, secondary etc. under the EC Regulation

1.7.  Where these Rules require reasons to be given for a statement that proceedings are or will be main, secondary or territorial or non-EC proceedings, the reasons must include—

(a)for a company—

(i)the centre of main interests,

(ii)the place of the registered office within the meaning of Article 3(1) of the EC Regulation and where appropriate an explanation why this is not the same as the centre of main interests, or

(iii)that there is no registered office if that be the case in non-EC proceedings;

(b)for a debtor, the centre of main interests.

Prescribed format of documents

1.8.—(1) Where a rule sets out requirements as to the contents of a document any title required by the rule must appear at the beginning of the document.

(2) Any other contents required by the rule (or rules where more than one apply to a particular document) must be provided in the order listed in the rule (or rules) or in another order which the maker of the document considers would be convenient for the intended recipient.

Variations from prescribed contents

1.9.—(1) Where a rule sets out the required contents of a document, the document may depart from the required contents if—

(a)the circumstances require such a departure (including where the requirement is not applicable in the particular case); or

(b)the departure (whether or not intentional) is immaterial.

(2) However this rule does not apply to the required content of a statutory demand on a company set out in rule 7.3 and on an individual set out in rule 10.1.