Introduction Liquidation and Insolvency (Scotland
This publication is a simple guide to liquidation and other insolvency procedures. It summarises some of the rules that apply to corporate voluntary arrangements, moratoria, administrations, receivers, voluntary liquidations, compulsory liquidations and EC regulations. Please also refer to the relevant legislation, which you will find in the:
Companies Act 1985 (as amended in 1989 and later);
Insolvency Act 1986;
Insolvency Rules (Scotland) 1986;
Insolvency Act 2000;
Enterprise Act 2002;
Insolvency (Scotland) Amendment Rules 2002;
Insolvency (Scotland) Amendment Rules 2003;
Insolvency (Scotland) Regulations 2003;
Act of Sederunt (Sheriff Court Company Insolvency Rules 1986) Amendment 2003, and
Council Regulation (EC) No 1346/2000.
The winding up, liquidation, insolvency, cessation of payments and similar procedures that apply to a PLC also apply to a European company, 'Societas Europaea' (SE) registered in GB. For general information on SEs, please see our guidance on, 'The European Company: Societas Europaea (SE)'.
Please remember that if your company is considering liquidation, or any other measures to deal with insolvency, you should seek appropriate professional advice or consult an authorised insolvency practitioner. We can only assist with queries relating to filing statutory documents with the Registrar of Companies.