The Insolvency (England and Wales) Rules 2016

Progress reports in voluntary winding up: timing

This section has no associated Explanatory Memorandum

18.7.—(1) This rule applies for the purposes of sections 92A and 104A(1) and prescribes the periods for which reports must be made.

(2) The liquidator’s progress reports in a voluntary winding up must cover the periods of—

(a)12 months starting on the date the liquidator is appointed; and

(b)each subsequent period of 12 months.

(3) The periods for which progress reports are required under paragraph (2) are unaffected by any change in the liquidator.

(4) However where a liquidator ceases to act the succeeding liquidator must, as soon as reasonably practicable after being appointed, deliver a notice to the members (in a members’ voluntary winding up) or to members and creditors (in a creditors’ voluntary winding up) of any matters about which the succeeding liquidator thinks the members or creditors should be informed.

(5) A progress report is not required for any period which ends after the date to which a final account is made up under section 94 or 106(2) and is delivered by the liquidator to members (members’ voluntary winding up) or to members and creditors (creditors’ voluntary winding up).

(6) The liquidator must send a copy of each progress report within two months after the end of the period covered by the report to—

(a)the registrar of companies (who is a prescribed person for the purposes of sections 92A and 104A);

(b)the members; and

(c)in a creditors’ voluntary liquidation, the creditors.

(1)

Section 92A is amended by section 136(2) and paragraph 16 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26) and section 104A is amended by section 136(3) and paragraph 27 of that Schedule.

(2)

A new section 94 is substituted by paragraph 18 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 and a new section 106 is substituted by paragraph 29 of that Schedule.