The Register of Insolvencies

• Overview of The Register of Insolvencies
• Information contained in the Register
• Access to the Register
• Explanatory Notes
• Standard forms of enquiry (PDFs):
  • Search request form (sequestrations)
    Form AB15(a)
  • Search request form (companies)
    Form AB15(b)
• Contact information

Overview of The Register of Insolvencies

This page explains:

• the purpose of the Register of Insolvencies;
• what is in the Register; and
• how information in it can be accessed.

The Register of Insolvencies is a statutory register maintained by us in which information is recorded about the insolvency of individuals and businesses in Scotland.

The register is in two parts:

1. The first part gives details of sequestrations awarded by Scottish courts. This part also contains details of trust deeds granted by debtors for the benefit of their creditors, which have become protected trust deeds.
2. The second part of the register gives details of business associations which are currently in the process of liquidation or receivership. The information recorded includes the name of the receiver or liquidator and whether there has been more than one insolvency process, for example, a receivership followed by a liquidation. It also states if there has been any change in office-holder.

It is important to note that the Register of Insolvencies does not contain information about administrations or voluntary arrangements, or about companies which were dissolved before 1st July 1999. This information is available from Companies House, an executive agency of the Department of Trade and Industry.

Companies House (Scotland) maintains a public register in which are recorded details of the formation and dissolution of business associations under the Companies Acts. This includes information about companies which are in the process of receivership, administration or liquidation.

You can contact:

Companies House (Scotland)
Central enquiries and information:
37 Castle Terrace
Edinburgh EHI 2EB
Phone: 0870 3333 636
Fax: 0131 535 5820

There is a detailed list of the information contained in the Register of Insolvencies below.

Likewise the Register of Insolvencies does not contain information about approved debt payment programmes (DPP) under the Debt Arrangement Scheme (DAS). Guidance on the DAS register and how to search this can be found at www.moneyscotland.gov.uk . Alternatively, contact the DAS team at the AiB. Please note that searches of the DAS register are done electronically through the web based register.

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Information contained in the Register of Insolvencies

First part - Personal Section

Sequestrations

• Name of debtor
• Debtor’s residence and his principal place of business (if any) at date of sequestration or date of death
• Date of death in the case of a deceased debtor
• Occupation of debtor
• Name and address of petitioner for sequestration
• Court by which sequestration awarded
• Sheriff Court to which sequestration remitted (where applicable)
• Date of first order
• Date of award of sequestration
• Date of recall of sequestration (where applicable)
• Date granting certificate for summary administration of sequestrated estate (where applicable)
• Date withdrawing certificate for summary administration of sequestrated estate (where applicable)
• Name and address of interim trustee and date of appointment
• Level of debt when interim trustee’s statement of debtor’s affairs is produced
• Level of assets when interim trustee’s statement of debtor’s affairs is produced
• Name and address of permanent trustee and date of confirmation of appointment
• Date of debtor’s discharge and whether on composition or by operation of law
• Date of interim trustee’s discharge
• Date of permanent trustee’s discharge

Protected trust deeds for creditors

• Name and address of granter of trust deed
• Name and address of trustee under the deed
• Date of execution of deed
• Date on which copy deed and certificate of accession were registered
• Date of registration of statement indicating how the estate was realised and distributed and certificate to the effect that the distribution was in accordance with the trust deed
• Date of trustee’s discharge
• Date of registration of copy order of court that non-acceding creditor is not bound by trustee’s discharge

Note: The information which is to be recorded in this part of the Register of Insolvencies is prescribed by Act of Sederunt.

Second part - Companies Section

Company Insolvencies

• Company number
• Company name
• Type of proceedings:
  • Receivership
  • Members’ or Creditors’ Voluntary Liquidation
  • Compulsory Liquidation
  • Provisional Liquidation
    
  Note: Where there has been more than one type of proceedings (for example, receivership followed by liquidation) a history will be supplied.
• Office holder(s)
• Date appointed
• Date appointment ended
• Date of winding-up order (Compulsory liquidation only)
• Court by which company wound up

We also record details of reports and accounts filed by receivers and liquidators. We do not usually provide this information in response to a request to search the Companies section of the Register of Insolvencies (see Form AB 15(b)). But we will supply it if requested at no extra charge.

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Access to the Register

The Register of Insolvencies is fully computerised and can be assessed in the following ways:

• by written application. We aim to respond within 2 working days
• by fax enquiry. We aim to issue the results within one working day.

Standard forms for your enquiry are to be found at pages 9 and 10 of this booklet. They can be photocopied.

Unless you are an exempted customer, there is a charge of £16 per search. An extract from the Register can be provided at an additional cost of 10p but if a certified copy is required the cost is £19.

Alternatively, we can provide:

• direct 24-hour access to the Register of Insolvencies by means of a modem-link between your own computer and ours.
• a copy and update service by which we provide a complete computer readable record of the Register in ASCII format and regular notifications of additions to the Register.

(Please write or call for details of charges for these services.)

Note: It is important that when requesting a search, you must specify which part of the Register you wish searched, that is, either Part 1 - the personal section, or Part 2 - the companies section. These two parts are quite separate and a search of one does not automatically cover the other.

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Explanatory Notes

1. Sequestration
   This is the Scottish legal term for the formal bankruptcy of:
   • a living or deceased individual;
   • a partnership;
   • a limited partnership; or
   • an incorporated or unincorporated body.
2. Protected Trust Deed
   This is a trust deed granted by an individual debtor or a partnership for the benefit of the creditors, in which the following conditions have been satisfied:
   • the trustee is a qualified and authorised insolvency practitioner;
   • the trust deed conveys to the trustee all of those assets which would vest in the permanent trustee if the granter of the trust deed were sequestrated;
   • the trust deed has been advertised in the Edinburgh Gazette and has been served on all the creditors and has not been objected to by a majority in number or one-third in value of those creditors; and
   • the trust deed has been recorded in the Register of Insolvencies.
3. Business Association
   This includes any company or organisation registered at Companies House under the Companies Act 1947 and any Friendly Society registered by the Assistant Registrar of Friendly Societies.

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Standard forms of enquiry (PDFs)

Use these forms to request the relevant search

Form AB15a

Request to Search the Personal Section of the Register of Insolvencies (sequestrations)

Download Form AB15a B (PDF / 19Kb)

Form AB15b

Request to Search the Companies Section of the Register of Insolvencies

Download Form AB15b (PDF / 17Kb)

PDF downloads require the Adobe Acrobat Reader - get it HERE

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Contact Information

Further information may be obtained from us at:

Accountant in Bankruptcy
PO Box 8313
Irvine
KA12 2AA
LP - 4 Irvine
E-mail: helpline@aib.gov.uk
Telephone helpline: 0845 762 6171

(calls charged at local rates)

Disclaimer:

The information given on this page is for general guidance only. It is not a detailed or full statement of law.

© Accountant in Bankruptcy - Updated December 2004