Companies House Forms - Insolvency (Scotland) Rules 2018

This article forms part of a series looking at the significant changes to insolvency procedures being brought in in Scotland from 6 April 2019. In this article, David Menzies looks at the changes relating to filing documents with Companies House.

A significant feature of the Insolvency (Scotland) (Company Voluntary Arrangements and Administrations) Rules 2018, (ISCVAAR 2018) and the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018, (ISRWUR 2018), taken together, the Insolvency Scotland Rules 2018, is the move from prescribed statutory forms to prescribed content.

Companies House however still require a form to be used when lodging with them notices and associated documents. Companies House will be releasing on gov.uk forms to be used under the Insolvency Scotland Rules 2018. These, however, will not be published on gov.uk until 6 April 2019 when the new rules become effective. They have however released copies of the forms to ICAS and confirmed that these can be made available to assist firms with their preparations for the commencement of the new rules.

An index of the new forms is provided below with links to the forms currently available. Links shall be added to the table as further forms are released.

Notes:

1. Scottish LLPs will not be included in this implementation.
2. Any reference to attachments (statements of affairs or concurrence or proposals, progress reports, final progress reports etc) are attachments to the Notices and will accompany the Notices if applicable. They will be free format documents as they are now. Companies House will not be prescribing these forms. However, they will still be subject to the usual rules governing manner and delivery of documents to the Registrar of Companies.