• 2.4 2.4 Disclosures required of Insolvency Practitioners

    • 2.4.1 Disclosure of contraventions

      1) Subject to Rule 2.4.2, an Insolvency Practitioner appointed in respect of a Company shall disclose to the CRO any matter which reasonably tends to show one of the following:
      (A) a contravention, or likely contravention within the meaning of Article 127 of the Companies Regulations;
      (B) a contravention, or likely contravention within the meaning of Article 55 of the Limited Liability Partnership Regulations;
      (C) a contravention, or likely contravention within the meaning of Article 85 of the Partnership Regulations;
      (D) a contravention, or likely contravention of a Relevant Requirement within the meaning of CER Rule 6.1; or
      (E) that a person has been knowingly concerned in any such contravention or likely contravention.

    • 2.4.2 Communications arising from the provision of professional legal advice

      Rule 2.4.1 shall not apply to the extent that compliance with such a requirement would disclose a communication arising from the provision of professional legal advice.

    • 2.4.3 Forms

      An Insolvency Practitioner making a disclosure to the CRO in accordance with Rule 2.4.1 must:

      (A) complete the Prescribed Form in Appendix 1 and file it with the CRO; and
      (B) provide such additional material as may be required by the CRO.