• 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.