The Insolvency (England and Wales) Rules 2016

Member State liquidator: rules on creditors’ participation in proceedings

This section has no associated Explanatory Memorandum

21.8.—(1) The provisions in these Rules apply to a member State liquidator’s participation in proceedings in accordance with Article 32(3) of the EC Regulation (exercise of creditors’ rights) in the same manner as they do to creditors’ participation in those proceedings.

(2) In this rule, “creditors’ participation”—

(a)includes the following matters—

(i)requesting and being provided with information, including inspecting or obtaining copies of documents or files,

(ii)being provided with notices or other documents,

(iii)participating and voting in decision procedures,

(iv)the establishment and operation of creditor committees,

(v)proving in respect of debts and receipt of dividends, and

(vi)applying to the court and appearing at hearings; and

(b)is limited to creditors’ participation from the time of the opening of proceedings in accordance with Article 2(f) of the EC Regulation.