
1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Company Insolvency Rules Amendment) (Insolvency) 2019.
(2) It comes into force on 16th August 2019.
(3) A certified copy is to be inserted in the Books of Sederunt.
2 

(1) Chapter 74 (companies) of the Rules of the Court of Session 1994 is amended in accordance with this paragraph.
(2) In rule 74.30A (applications under section 176A of the Act of 1986), after paragraph (1) insert—“
(1A) The petition or note, as the case may be, must include averments in relation to—
(a) the type of insolvency proceedings in which the application arises;
(b) the financial position of the company;
(c) the basis for the applicant’s view that the cost of making a distribution to unsecured creditors would be disproportionate to the benefits; and
(d) whether any other insolvency practitioner is acting in relation to the company and, if so, that insolvency practitioner’s name and address.”.
3 

(1) The Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986 is amended in accordance with this paragraph.
(2) In rule 26(2) (appointment of liquidator by the court), for “108 or 138(5)” substitute “108, 138(1), 138(5), 139(4) or 140(1) or (2)”.
(3) In rule 31A (applications under section 176A of the Act of 1986), after paragraph (1) insert—“
(1A) The petition or note, as the case may be, must include averments in relation to—
(a) the type of insolvency proceedings in which the application arises;
(b) the financial position of the company;
(c) the basis for the applicant’s view that the cost of making a distribution to unsecured creditors would be disproportionate to the benefits; and
(d) whether any other insolvency practitioner is acting in relation to the company and, if so, that insolvency practitioner’s name and address.”.
CJM SUTHERLAND
Lord President
Edinburgh
I.P.D.
17th July 2019