Updates: Technical guidance for Official Receivers

2024

9 April 2024 published amendments

60. Debt relief orders

Content has been updated to reflect the end of the £90 fee DRO application fee on 06 April 2024.

2023

29 November 2023 published amendments

37. Rights of action

Amendment to paragraph 37.54 to clarify that claims to the Financial Services Compensation Authority will vest in the trustee in bankruptcy notwithstanding the product underlying the complaint was a pension. The FAQs have been removed.

45. Appointment of liquidators and trustees

Content has been amended to clarify position on disclosure of information to insolvency practitioners.

1 February 2023 published amendments

26. Money owed to the insolvent

Removal of FAQ section and out of date details of operational practice in relation to book debt collection by contractors.

27. Motor Vehicles

Removal of out of date process information and adding references to disclaiming finance agreements in respect of vehicles as appropriate.

2022

4 November 2022 published amendments

28. Freehold and leasehold property

Inclusion of shared ownership guidance which had previously been omitted, amendments to reflect current operational practice and formatting changes.

45. Appointment of liquidators as trustees

Update to the official receiver's rotas part after revision of the process. Minor formatting amendments

31 January 2022 published amendments

22. Obtaining, releasing and formal disclosure of information

Inclusion of summary.

37. Rights of action

Amendment to paragraph 37.54 to clarify position on claims to FSCS in respect of pension advice from a regulated financial advisor. Minor formatting changes and removal of references to annexes no longer included with the chapter.

48. Insolvency accounting/financial transactions

Amendments to paragraph 48.31 regarding costs in annulment and rescission cases. Minor amendments to formatting.

57 Pensions

Removal of references to dealing with EU administered pensions. Following BREXIT all pensions administered outside the UK are treated in the same way.

2021

29 June 2021 published amendments

1. The Official Receiver

Additional text added on seeking permission or sanction and the consequences of failing to do so. Out of date text in form of FAQs removed. Minor fixes of text errors.

2. Winding-up orders - initial actions

References to EC Regulation on Insolvency Proceedings 2000 and provision of information to creditors in other EU states removed. Paragraphs re-numbered.

14. Insurance to protect estate

Chapter has been updated to remove references specific to a single contractor and minor fixes.

60. Debt relief orders

Updated to reflect amendments to eligibility criteria.

26 March 2021 published amendments

1. The Official Receiver

New section added.

2. Winding-up orders - initial actions

New section added.

3. Bankruptcy orders - initial action

New section added.

4. Publication of insolvency information

Paragraphs 4.34 and 4.35 updated

5. The Individual Insolvency Register

New section added.

6. Restrictions on bankrupts

New section added.

7. HM Land Registry and protecting property interests

New section added.

8. Appeals, stays and rescissions

New section added.

9. Annulments

New section added.

10. Unallocated

New section added.

11. Inspections

New section added.

12. Creditor action against the insolvent and their property

New section added.

13. Retention of title

New section added.

14. Insurance to protect estate

New section added.

15. Unallocated

New section added.

16. Accounting and other records

New section added.

17. Interviews and statements

New section added.

18. Statement of Affairs

New section added.

19. Co-operation, non co-operation and enforcement of duty to co-operate

New section added.

20. Public examinations

New section added.

21. Private examinations

New section added.

22. Obtaining, releasing and formal disclosure of information

New section added.

23. Proceeds of Crime Act 2002 and Terrorism Act 2000

New section added.

24. Exempt property and property not comprised in bankrupt's estate

New section added.

25. Assets - identification, protection and realisation

New section added.

26. Money owed to the insolvent

New section added.

27. Motor Vehicles

New section added.

28. Freehold and leasehold property

New section added.

29. Solely owned tenanted property

New section added.

30. Jointly owned tenanted property

New section added.

31. Antecedent recoveries

New section added.

32. Antecedent Recoveries - Other antecedent recoveries

New section added.

33. Monetary assets

New section added.

34. Stock, work in progress, plant and machinery and fixtures and fittings

New section added.

35. Income Payment Agreements and Orders

New section added.

36. After-acquired property

New section added.

37. Rights of action

New section added.

38. PPI and financial mis-selling

New section added.

39. Intellectual property and other intangible assets

New section added.

40. Sundry assets

New section added.

41. Unallocated

New section added.

42. Disclaimers

New section added.

43. Creditors and liabilities

New section added.

44. Decision procedures

New section added.

45. Appointment of liquidators as trustees

New section added.

46. Unallocated

New section added.

47. Discharge

New section added.

48. Insolvency accounting/financial transactions

New section added.

49. Distributions

New section added.

50. Release of Official Receiver as liquidator or trustee

New section added.

51. The Official Receiver's role in voluntary arrangements

New section added.

52. Partnerships

New section added.

53. Dissolved companies

New section added.

53. Unallocated

New section added.

54. Dissolved companies

New section added.

55. Second or subsequent bankruptcies

New section added.

56. Deceased insolvents

New section added.

57 Pensions

New section added.

58. Employment law and insolvency

New section added.

59. Unallocated

New section added.

60. Debt relief orders

New section added.

61. Third Parties (Rights Against Insurers) Act 2010

New section added.

36. The Official Receiver (2 part paragraph numbers, no brackets and Notes)

New section added.

2. Powers to act and seeking permission to act - 2

New section added.

5. Test section

New section added.

1. Powers to act and seeking permission to act

New section added.

16. Decision procedures - NOTES TEST

New section added.

17. The Official Receiver (Draft content) GROUPED CONTENT TEST

New section added.

20. The Official Receiver (structure test 3)

New section added.

27. The Official Receiver (structure test 3 + Short Notes)

New section added.

32. The Official Receiver (structure test 3 + Short Lettered Notes)

New section added.

Ch 14: Public Examinations (November 2017) (LENGTH TEST)

New section added.

36. The Official Receiver (2 part paragraph numbers and Notes)

New section added.

1. Style guide

New section added.

3. Initial Procedure

New section added.