Gaining protected status
No later than one week after registration in the Register of Insolvencies, the trustee must send all known creditors:
1s170 B(S)A 2016•a copy of the signed trust deed; and
•a copy of the statement of claim (Form 2); and
•a copy of the notice (Form 1); and
•a statement of the client’s affairs, prepared by the trustee, containing:
◦a list of the client’s assets and liabilities;
◦a statement of the client’s income and expenditure as at the date on which the trust deed was granted (Form 2A);
◦a statement as to the extent to which those assets and that income will not vest in the trustee;
◦a statement as to whether the creditors are likely to be paid a dividend and the amount of the dividend that is expected to be paid (Form 4);
◦a statement that on request the trustee must provide a copy of any valuation of the client’s assests made by a third party, any statement showing the amount due by the client under a security and any document showing the client’s income;
◦a copy of any agreement referred to in section 175(1) of the Act (heritable property);
◦a statement explaining the conditions which need to be fulfilled before the trust deed will become a protected trust deed and the consequences of it so becoming;
◦a statement, in such form as may be prescribed for the purposes of the above, of the trustee’s anticipated realisations from the trust deed;
◦details of any protected trust deed within the six months preceding the notice, whereby they were discharged or refused discharge.
If a client has had a PTD within six months of the new notice, the trustee must also give creditors these details.
Trustee proposals for protection can be found in Form 3.
Where the client makes a contribution from income, there must be a statement and evidence that the contribution is in accordance with the Common Financial Tool (CFT).
2s170 B(S)A 2016