• SCHEDULE 1 SCHEDULE 1 MEETINGS, TIME LIMITS, NOTICES AND DOCUMENTS

    • PART 1 PART 1 MEETINGS AND TIME LIMITS

      • 1. Conduct of meetings

        Where these Regulations require or permit a meeting of creditors, members or contributories to be held (or an alternative process to be followed), the provisions of Schedule 6 (Meetings and Correspondence) shall govern the conduct of such meeting or alternative process.

      • 2. Attendance at meetings and proxies

        (1) The following provisions also apply for the interpretation of these Regulations.
        (2) A person attends a meeting if he —
        (a) is physically present, or attends remotely in accordance with paragraph 18 (Remote attendance at meetings) of Part 6 (Constitution of Meetings) of Schedule 6 (Meetings and Correspondence) or paragraph 19 (Remote attendance at meetings of creditors' committees) of Part 4 (Meetings of Committee) of Schedule 7 (Creditors' Committees); or
        (b) attends by proxy or by corporate representative.
        (3) A "proxy" is a document which complies with the following requirements —
        (a) it is a document which is given by a creditor, member or contributory to another person ("the proxy-holder") authorising the proxy-holder to attend, and to speak and vote at, a meeting as the representative of the creditor, member or contributory; and
        (b) either that document —
        (i) directs the proxy-holder to vote or abstain, or to propose resolutions, as directed; or
        (ii) authorises the proxy-holder to do so in accordance with the proxy-holder's discretion.
        (4) A "blank proxy" is a document which complies with paragraph 37 (Blank proxies) of Part 11 (Proxies and corporate representation) of Schedule 6 (Meetings and Correspondence).

      • 3. Time limits

        (1) The Civil Procedure Rules which provide for the calculation of periods of time expressed in days apply to the calculation of periods expressed in days in these Regulations.
        (2) The beginning and the end of a period expressed in months in these Regulations are to be determined as follows —
        (a) if the beginning of the period is specified —
        (i) the month in which the period ends is the specified number of months after the month in which it begins; and
        (ii) the date in the month on which the period ends is —
        (aa) the date corresponding to the date in the month on which it begins; or
        (bb) if there is no such date in the month in which it ends, the last day of that month;
        (b) if the end of the period is specified —
        (i) the month in which the period begins is the specified number of months before the month in which it ends; and
        (ii) the date in the month on which the period begins is —
        (aa) the date corresponding to the date in the month on which it ends; or
        (bb) if there is no such date in the month in which it begins, the last day of that month.
        (3) The provisions of the Civil Procedure Rules which provide for the Court's general powers of management apply so as to enable the Court to extend or shorten the time for compliance with anything required or authorised to be done by these Regulations.

    • PART 2 PART 2 FORM AND CONTENT OF DOCUMENTS

      • 4. Requirement for writing

        A notice or statement must be in writing unless a provision in these Regulations provides otherwise.

      • 5. Form

        (1) A document must be in electronic or hard-copy form.
        (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.

      • 6. Authentication

        (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.

      • 7. Information required to identify persons and proceedings

        Where these Regulations require a document to identify various persons, provide contact details for an Office-holder or identify proceedings that must be done by providing the information set out below.

        Company or unregistered company In the case of a Company —
        (1) its registered name; and
        (2) its registered number or equivalent.
        In the case of a non Abu Dhabi Global Market Company —
        (1) its name;
        (2) the country or territory in which it is incorporated;
        (3) the postal address of its principal place of business; and
        (4) the number, if any, under which it is so registered.
        Debtor
        (1) full name; and
        (2) residential address (subject to any order for limited disclosure under the Civil Procedure Rules).
        Office-holder or proposed Office-holder
        (1) the name of the Office-holder or proposed Office-holder; and
        (2) the nature of the appointment held by the Office-holder or to be held by the proposed Office-holder.
        contact details for an Office-holder
        (1) a postal address for the Office-holder; and
        (2) either an email address, or a telephone number, through which the Office-holder may be contacted.
        proceedings
        (1) for proceedings relating to a Company or unregistered company, the information identifying the Company or unregistered company; and
        (2) if applicable, any number assigned by the Court to those proceedings.

    • PART 3 PART 3 STANDARD CONTENTS OF NOTICES TO BE PUBLISHED IN THE ABU DHABI GLOBAL MARKET

      Note: The requirements in Parts 3 to 7 of this Schedule must be read with paragraph 7 (Information required to identify persons and proceedings) of Part 2 of this Schedule.

      • 8. Contents of notices to be published in the Abu Dhabi Global Market

        (1) A notice which these Regulations require to be published in the Abu Dhabi Global Market must contain the standard contents set out in this Part 3 in addition to any content specifically required by any other provision of these Regulations.
        (2) Notices must, if it is relevant to the particular notice, identify the Office-holder and specify —
        (a) the Office-holder's contact details;
        (b) the name of any person other than the Office-holder (if any) who may be contacted about the proceedings;
        (c) the date of the Office-holder's appointment, and —
        (i) the Court name and any number assigned to the proceedings by the Court; or
        (ii) the reference assigned to the proceedings by the Court.
        (3) Information which this Part 3 requires to be included in a notice to be published in the Abu Dhabi Global Market may be omitted if it is not reasonably practicable to obtain it.

      • 9. Notices relating to a Company or unregistered company to be published in the Abu Dhabi Global Market

        A notice relating to a Company or a non-Abu Dhabi Global Market Company must also identify the Company or a non-Abu Dhabi Global Market Company and specify —

        (a) its registered office, or if a non-Abu Dhabi Global Market Company, the postal address of its principal place of business;
        (b) any principal trading address if this is different from its registered office;
        (c) any name under which it was registered in the 12 months before the date of the commencement of the proceedings which are the subject of the Abu Dhabi Global Market notice; and
        (d) any name or style (other than its registered name) under which —
        (i) the Company or a non-Abu Dhabi Global Market Company carried on business; and
        (ii) any debt owed to a creditor was incurred.

      • 10. The document published in the Abu Dhabi Global Market containing the notice — as evidence, variations and errors

        (1) A copy of the document published in the Abu Dhabi Global Market containing any notice required by these Regulations to be published in the Abu Dhabi Global Market is evidence of any facts stated in the notice.
        (2) Where these Regulations require notice of an order of the Court to be published in the Abu Dhabi Global Market, a copy of the document published in the Abu Dhabi Global Market containing the notice may be produced in any proceedings as conclusive evidence that the order was made on the date specified in the notice.
        (3) Where an order of the Court, which has been published in the Abu Dhabi Global Market, has been varied, or any matter has been erroneously or inaccurately published in the Abu Dhabi Global Market, the person whose responsibility it was to publish the order or other matter in the Abu Dhabi Global Market must as soon as is reasonably practicable cause the variation to be published in the Abu Dhabi Global Market or a further entry to be published in the Abu Dhabi Global Market for the purpose of correcting the error or inaccuracy.

    • PART 4 PART 4 STANDARD CONTENTS OF NOTICES ADVERTISED IN SUCH MANNER AS THE OFFICE-HOLDER THINKS FIT

      • 11. Contents of notices advertised in such manner as the Office-holder thinks fit

        (1) This Part 4 sets out the requirements for notices under these Regulations which may be advertised otherwise than by way of being published in the Abu Dhabi Global Market.
        (2) Such notices must, in addition to any content specifically required by these Regulations or any other provision of these Regulations, contain the standard contents set out in this Part.
        (3) Where such notices are placed by the Office-holder they must also —
        (a) identify the Office-holder; and
        (b) specify the Office-holder's contact details.
        (4) Information which this Part 4 requires to be included in a notice may be omitted if it is not reasonably practicable to obtain it.

      • 12. Other advertised notices relating to a Company or an unregistered company

        A notice relating to a Company or a non-Abu Dhabi Global Market Company must also identify the Company or a non-Abu Dhabi Global Market Company and state —

        (a) its principal trading address;
        (b) any name under which it was registered in the 12 months before the date of the commencement of the proceedings which are the subject of the notice; and
        (c) any name or style (other than its registered name) under which —
        (i) the Company or a non-Abu Dhabi Global Market Company carried on business; and
        (ii) any debt owed to a creditor was incurred.

      • 13. Other advertised notices — other provisions

        Information which this Part 4 requires to be contained in a notice must be included in an advertisement of that notice in a way that is clear and comprehensible.

    • PART 5 PART 5 STANDARD CONTENTS OF DOCUMENTS TO BE DELIVERED TO THE REGISTRAR ETC.

      • 14. Requirements of documents delivered to the Registrar

        (1) A document which these Regulations require to be delivered to the Registrar must contain the standard contents set out in this Part in addition to any content specifically required by any other provision of these Regulations.
        (2) A document of more than one nature must satisfy the requirements which apply to each.
        (3) However, the requirements in respect of a document which is to be delivered to another person at the same time as the Registrar, may be satisfied by delivering to that other person a copy of the document delivered to the Registrar.

      • 15. Standard contents of documents delivered to the Registrar

        A document to be delivered to the Registrar must —

        (a) identify the Company or, if applicable, the non-Abu Dhabi Global Market Company;
        (b) specify —
        (i) the nature of the document;
        (ii) the Section of these Regulations, paragraph of a Schedule to these Regulations or any provision of these Regulations under which the document is delivered;
        (iii) the date of the document;
        (iv) the name and postal address of the person delivering the document; and
        (v) the capacity in which that person is acting in relation to the Company or, if applicable, the non-Abu Dhabi Global Market Company; and
        (c) be authenticated by the person delivering the document.

      • 16. Standard contents of documents relating to the office of Office-holders

        A document relating to the office of the Office-holder must also identify the Office-holder and specify —

        (a) the date of the event of which notice is delivered;
        (b) where the document relates to an appointment, the person making the appointment, or if the Court is making the appointment then specify that it is doing so;
        (c) where the document relates to the termination of an appointment, the reason for that termination; and
        (d) the contact details for the Office-holder.

      • 17. Standard contents of documents relating to other documents

        A document relating to another document must also specify —

        (a) the nature of the other document;
        (b) the date of the other document; and
        (c) where the other document relates to a period of time, the period of time to which it relates.

      • 18. Standard contents of documents relating to Court orders

        A document relating to a Court order must also specify —

        (a) the nature of the order; and
        (b) the date of the order.

      • 19. Standard contents of returns or reports of meetings

        A return or report of a meeting must also specify —

        (a) the purpose of and venue for the meeting;
        (b) whether a required quorum was in attendance for the meeting to take place; and
        (c) if the meeting took place, the outcome of the meeting (including any resolutions passed).

      • 20. Standard contents of returns or reports of matters considered by correspondence

        A return or report of a matter, consideration of which has been sought by correspondence, must also specify —

        (a) the purpose of the consideration; and
        (b) the outcome of the consideration (including any resolutions passed or deemed to be passed).

      • 21. Standard contents of documents relating to other events

        A document relating to any other event must also specify —

        (a) the nature of the event, including the Section of these Regulations, paragraph of a Schedule to these Regulations or other provision of these Regulations under which it took place; and
        (b) the date on which the event occurred.

    • PART 6 PART 6 STANDARD CONTENTS OF NOTICES FOR DELIVERY TO OTHER PERSONS ETC.

      • 22. Standard contents of notices to be delivered to persons other than the Registrar

        (1) This Part 6 applies to notices which these Regulations require to be delivered to any person other than the Registrar.
        (2) Such notices must contain the standard contents set out in this Part 6 in addition to any content specifically required by these Regulations.
        (3) A notice of more than one nature must satisfy the requirements which apply to each.
        (4) However the requirements in respect of a document which is to be delivered to another person at the same time as the Registrar, may be satisfied by delivering to that other person a copy of the document delivered to the Registrar.

      • 23. Standard contents of all notices

        A notice must —

        (a) specify the nature of the notice;
        (b) in the case of proceedings relating to a Company or, if applicable, a non-Abu Dhabi Global Market Company, identify the Company or the non-Abu Dhabi Global Market Company;
        (c) specify the Section of these Regulations, paragraph of a Schedule to these Regulations or other provision of these Regulations under which the notice is given; and
        (d) in the case of a notice delivered by the Office-holder, specify the contact details for the Office-holder.

      • 24. Standard contents of notices relating to the office of Office-holders

        A notice relating to the office of the Office-holder must also identify the Office-holder and specify —

        (a) the date of the event of which notice is delivered;
        (b) where the notice relates to an appointment, the person making the appointment or, if the Court is making the appointment, then specify that it is doing so; and
        (c) where the notice relates to the termination of an appointment, the reason for that termination.

      • 25. Standard contents of notices relating to documents

        A notice relating to a document must also specify —

        (a) the nature of the document;
        (b) the date of the document; and
        (c) where the document relates to a period of time, the period of time to which the document relates.

      • 26. Standard contents of notices relating to Court proceedings or orders

        A notice relating to Court proceedings must also identify those proceedings and if the notice relates to a Court order specify —

        (a) the nature of the Court order; and
        (b) the date of the order.

      • 27. Standard contents of notices of the results of meetings

        A notice of the result of a meeting must also specify —

        (a) the purpose of and venue for the meeting;
        (b) whether a required quorum was in attendance for the meeting to take place; and
        (c) if the meeting took place, the outcome of the meeting (including any resolutions passed).

      • 28. Standard contents of returns or reports of matters considered by correspondence

        A return or report of matters, consideration of which has been sought by correspondence, must also specify —

        (a) the purpose of the consideration; and
        (b) the outcome of the consideration (including any resolutions passed or deemed to be passed).

    • PART 7 PART 7 APPLICATIONS TO THE COURT

      • 29. Standard contents and authentication of applications to the Court

        (1) An application to Court must state —
        (a) that the application is made under these Regulations;
        (b) the Section of these Regulations or paragraph of a Schedule to these Regulations under which it is made;
        (c) the names of the parties;
        (d) the name of the Company or non-Abu Dhabi Global Market Company which is the subject of the insolvency proceedings to which the application relates;
        (e) where the Court has previously allocated a number to the Insolvency Proceedings within which the application is made, that number;
        (f) the nature of the remedy or order applied for or the directions sought from the Court;
        (g) the names and addresses of the persons on whom it is intended to serve the application or that no person is intended to be served;
        (h) where these Regulations require that notice of the application be delivered to specified persons, the names and addresses of all those persons (so far as known to the applicant); and
        (i) the applicant's address for service.
        (2) The application must be authenticated by or on behalf of the applicant or the applicant's solicitor or legal representative.

    • PART 8 PART 8 DELIVERY OF DOCUMENTS AND OPTING OUT

      • 30. Application of Part

        (1) This Part 8 applies where a document is required under these Regulations to be delivered, filed, forwarded, given, sent, or submitted unless —
        (a) these Regulations or an order of the Court makes different provision including one requiring service on a person; or
        (b) the recipient of a document is the Registrar.
        (2) A document is delivered, filed, forwarded, given, sent, or submitted if it is delivered in accordance with this Part 8.
        (3) Where these Regulations require an Office-holder to deliver a document to all the creditors, that requirement is satisfied by the delivery of that document to all those creditors of whose address the Office-holder is aware who have not opted out of receiving the particular document.

      • 31. Opting out

        (1) Any provision of the Regulations which requires an Office-holder of a Company or a Deed of Company Arrangement to deliver, furnish, send or otherwise give a notice (which for this purpose includes any document or information in any other form) to creditors of a Company does not apply, in the circumstances prescribed in the Regulations, in relation to opted-out creditors, other than —
        (a) in relation to a notice of a distribution or proposed distribution to creditors; or
        (b) if any order of the Court requires a notice to be given to all creditors (or all creditors of a particular category).
        (2) Except as provided by the Regulations, a creditor may participate and vote in a meeting of creditors or other voting procedure described in Schedule 6 (Meetings and Correspondence) even though, by virtue of being an opted-out creditor, the creditor does not receive notice of it.
        (3) The Office-holder must, in the first communication to creditors, ask them by a notice in writing if they wish to opt out of receiving further documents relating to the Insolvency Proceedings.
        (4) Such a notice must be sent to all the creditors.
        (5) The notice must identify the Insolvency Proceedings and the Office-holder and provide contact details for the Office-holder and state that —
        (a) the creditor is entitled to receive documents about the Insolvency Proceedings;
        (b) the creditor may opt out of receiving further documents about the Insolvency Proceedings except any which relate to the payment of a distribution to creditors;
        (c) opting out will not affect the creditor's entitlement to receive distributions should any be paid to creditors;
        (d) in order to opt out the creditor must deliver to the Office-holder a notice in writing identifying the Insolvency Proceedings and the creditor which must be authenticated by the creditor; and
        (e) the creditor has the right to revoke the opt out at any time by delivering to the Office-holder a further notice which identifies the Insolvency Proceedings and the Office-holder and —
        (i) states that the creditor wishes to revoke the opt out previously given from receiving further documents about the Insolvency Proceedings; and
        (ii) is authenticated by the creditor.
        (6) A notice opting out and a revocation of a notice opting out each have effect from the date of delivery of the notice to the Office-holder.
        (7) Where a creditor has opted out, then any requirement of these Regulations for an Office-holder to deliver documents to all creditors will not extend to that creditor except as described in sub-paragraph (1)(a) or (b).
        (8) Any percentage of creditors which these Regulations require for any purpose is to be calculated solely by reference to those creditors who have not opted out at the time in question.

      • 32. Delivery of documents to authorised recipients

        Where under these Regulations a document is to be delivered to a person (other than by being served on that person), it may be delivered instead to any other person authorised to accept delivery on behalf of the first-mentioned person.

      • 33. Deliver of documents to joint Office-holders

        Where there are joint Office-holders in Insolvency Proceedings, delivery of a document to one of them is to be treated as delivery to all of them.

      • 34. Postal delivery of documents

        (1) A document is delivered if it is sent by post.
        (2) Unless the contrary is shown —
        (a) a document sent by post is treated as delivered on the third business day after the day on which it is posted; and
        (b) where a post-mark appears on the envelope in which a document was posted, the date of that post-mark is to be treated as the date on which the document was posted.
        (3) In this rule "post-mark" means a mark applied by a postal operator which records the date on which a letter entered the postal system of the postal operator.

      • 35. Personal delivery of documents

        A document is delivered if it is personally delivered in accordance with the rules for personal service in the Civil Procedure Rules.

      • 36. Electronic delivery of documents

        (1) A document is delivered if it is sent by electronic means and the following conditions are met.
        (2) The conditions are that the intended recipient of the document has —
        (a) given consent for the electronic delivery of the document;
        (b) not revoked that consent before the document is sent; and
        (c) provided an electronic address for the delivery of the document.
        (3) Consent may relate to a specific document or to documents generally.
        (4) Unless the contrary is shown, a document is to be treated as delivered by electronic means to an electronic address where the sender can produce a copy of the electronic communication which —
        (a) contains the document; and
        (b) shows the time and date the communication was sent and the electronic address to which it was sent.
        (5) Unless the contrary is shown, a document sent electronically is treated as delivered to the electronic address to which it is sent at 9.00 am on the next business day after it was sent.

      • 37. Electronic delivery of documents to the Court

        (1) A document may not be delivered to the Court by electronic means unless this is expressly permitted by the Civil Procedure Rules, a practice direction, or these Regulations.
        (2) A document delivered by electronic means is to be treated as delivered to the Court at the time it is recorded by the Court as having been received or otherwise as the Civil Procedure Rules, a practice direction or these Regulations provide.

      • 38. Electronic delivery of notice to enforcement officers

        Where anything in these Regulations provides for the delivery of a notice to an enforcement officer, it may be delivered by electronic means to a person who has been authorised to receive such notice on behalf of a specified enforcement officer or on behalf of enforcement officers generally.

      • 39. Electronic delivery by Office-holders

        (1) Where an Office-holder delivers a document by electronic means, the document must —
        (a) contain, or be accompanied by, a statement that the recipient may request a hard copy of the document; and
        (b) specify a telephone number, email address and postal address which may be used to make that request.
        (2) An Office-holder must deliver a hard copy of the document to the recipient within five business days of receipt of a request.
        (3) An Office-holder must not require the person requesting a hard copy to pay a fee for supplying it.

      • 40. Proof of delivery of documents

        (1) A certificate complying with this paragraph is proof that a document has been duly delivered to the recipient in accordance with this Part 8 unless the contrary is shown.
        (2) A certificate must state the method of delivery and the date of the sending, posting or delivery (as the case may be).
        (3) In the case of a receiver or administrative receiver the certificate must be given by —
        (a) the receiver or administrative receiver; or
        (b) a member of the receiver or administrative receiver's staff.
        (4) In the case of an Office-holder (other than receivers and administrative receivers), the certificate must be given by —
        (a) the Office-holder;
        (b) the Office-holder's solicitor or legal representative; or
        (c) a partner or an employee of either of them.
        (5) In the case of a person other than an Office-holder the certificate must be given by that person and state —
        (a) that the document was delivered by that person; or
        (b) that another person (named in the certificate) was instructed to deliver it.
        (6) A certificate under this paragraph 40 may be endorsed on a copy of the document to which it relates.
        (7) Once a proof has, or details of a claim have, been delivered to an Office-holder in accordance with these Regulations, it need not be delivered again; and accordingly, where a provision of these Regulations requires delivery of a proof or details of a claim by a certain time, that requirement is satisfied if the proof has or the details have already been delivered.

    • PART 9 PART 9 INSPECTION OF DOCUMENTS, COPIES AND PROVISION OF INFORMATION

      • 41. Right to copy documents

        Where these Regulations give a person the right to inspect documents, that person has a right to be supplied on request with copies of those documents on payment of a reasonable fee.

      • 42. Charges for copies of documents provided by the Office-holder

        Except where prohibited by these Regulations, a person is entitled to require the payment of a reasonable fee for copies of documents requested by a creditor, member, contributory or member of a Liquidation Committee or creditors' committee.

      • 43. Contravention in relation to inspection of documents

        (1) A contravention will be committed if a person who does not have a right under these Regulations to inspect a relevant document falsely claims to be a creditor, a member of a Company or a contributory of a Company with the intention of gaining sight of the document.
        (2) A relevant document is one which is on the Court file or held by the Office-holder or any other person and which a creditor, or member or contributory of a Company has the right to inspect under these Regulations.
        (3) A person guilty of a contravention under this paragraph 43 is liable to a fine at the relevant level set out in the Fines Schedule.

      • 44. Right to list of creditors

        (1) This paragraph 44 applies in the following proceedings —
        (a) administration; or
        (b) creditors' voluntary winding-up or a compulsory winding-up.
        (2) A creditor or a foreign representative has the right to require the Office-holder to provide a list of the creditors and the amounts of their respective debts unless, in a winding-up or an administration, a Statement of Affairs has been delivered to the Registrar.
        (3) The Office-holder on being required to provide such a list —
        (a) must deliver it to the person requiring the list as soon as reasonably practicable; and
        (b) may charge a reasonable fee for a hard copy.
        (4) The Office-holder may omit the name and address of a creditor if the Office-holder thinks its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person.
        (5) In such a case the list must include —
        (a) the amount of that creditor's debt; and
        (b) a statement that the name and address of the creditor has been omitted for that debt.

      • 45. Confidentiality of documents — grounds for refusing inspection

        (1) Where an Office-holder considers that a document forming part of the records of the Insolvency Proceedings —
        (a) should be treated as confidential; or
        (b) is of such a nature that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person,
        the Office-holder may decline to allow it to be inspected by a person who would otherwise be entitled to inspect it.
        (2) The persons to whom the Office-holder may refuse inspection include members of a creditors' committee.
        (3) Where the Office-holder refuses inspection of a document, the person wishing to inspect it may appeal to the Court.
        (4) The Court's decision may be subject to such conditions (if any) as it thinks just.