Insolvency Rules 2005 - Form R184 (Claim Form)

Summary

This is Form R184, the prescribed Claim Form under the BVI Insolvency Rules 2005 (Rule 184). It is used by a creditor to submit a proof of claim in a company liquidation, and by the liquidator to record how the claim is admitted for voting and dividend purposes.

• Creditor details: Name, address, and total amount of the claim as at the date of appointment of the liquidator, including any uncapitalised interest.
• Preferential status: Whether any part of the debt falls within the categories of preferential debts under the Insolvency Rules 2004, with the category and preferential amount claimed.
• Substantiation: Particulars of how and when the debt was incurred, supporting documents, and details of any security held.
• Signature: Signature of the creditor or authorised representative, with name, position and address.
• Liquidator determination: Sections completed by the liquidator recording amounts admitted for voting, admitted preferentially, and admitted non-preferentially, each with a date and liquidator's signature.

The form itself is a template with no independent filing deadline; it is completed and lodged by a creditor as part of the claims process in a specific liquidation, in accordance with the timelines set by the liquidator or the Insolvency Rules 2005 generally.

Key obligations

• A creditor submitting a claim in a BVI liquidation must complete Form R184 with the required details of the debt, including amount, any preferential status, and supporting particulars.
• The creditor or authorised representative must sign the form, providing their name, position and address.
• The liquidator must record on the form the amounts admitted for voting, admitted preferentially, and admitted non-preferentially, with dates and signature.

Applies to

creditors, liquidators, companies in liquidation