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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

22 MAY 2009

IT for IPs - A draft SI on website use - problems with E-Poverty?

A new Draft SI has been released that highlights possible future IT use for IPs. Readers of this blog are already IT literate so may have already picked it up! Here is the link to the SI - Draft Statutory Instruments, 2009 No. - The Legislative Reform (Insolvency) Miscellaneous  Provisions) Order 2009.

I will not regurgitate the whole SI but this section is particularly interesting:

"Use of websites

379B.—(1) This section applies where—

(a) a bankruptcy order is made against an individual or an interim receiver of an individual’s property is appointed, or

(b) a voluntary arrangement in relation to an individual is proposed or is approved under Part 8, and “the office-holder” means the official receiver, the trustee in bankruptcy, the interim receiver, the nominee or the supervisor of the voluntary arrangement, as the case may be.

(2) Where any provision of this Act or the rules requires the office-holder to give, deliver, furnish or send a notice or other document or information to any person, that requirement is satisfied by making the notice, document or information available on a website—
(a) in accordance with the rules, and
(b) in such circumstances as may be prescribed.”

This move towards IT is fine and progressive and such like. It is also in accordance with Companies Act 2006 meetings requirements and the increasing move towards digitization of materials generally. But what about the idea of IT poverty or E-Poverty? Some people do not have access to computers and if they do they are not very proficient at obtaining information with them. Has this been considered? - will there be duplication with hardcopy notices as well? These are vexing issues. The 6th April 2010 is noted as the 'coming into force' date. Will universal computer ownership by the norm by then?

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