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General Transitional Directive
General Transitional Directive
July 23, 1993
To: All trustees
You will find attached a copy of the General Transitional Directive.
This Directive clarifies the status of Directives issued before November 30, 1992, when amendments to the Bankruptcy
and Insolvency Act (BIA) came into force. Schedule I lists Directives which are hereby being reissued pursuant to the
authority of paragraph 5(4)(c) of the BIA. Schedule II lists the Directives which are hereby revoked or have already
been replaced by Insolvency Circulars.
The Directives in Schedule I will be reissued in due course to reflect changes to the BIA and in policies. Schedule
I also includes Directives which will be reissued as Insolvency Circulars. As the Insolvency Circulars are issued, the
corresponding Directives will be revoked.
Trustees are reminded that they are required to comply with the Superintendent's Directives pursuant to
subsection 5(5) of the BIA.
George F. Redling
Superintendent of Bankruptcy
General Transitional Directive
Issued: July 23, 1993
Interpretation
- In this Directive,
"Act" Bankruptcy and Insolvency Act
Policy
- The Superintendent, pursuant to the authority of paragraph 5(4)(c) of the Act, hereby reissues the directives
issued prior to the coming into force of the Act to amend the Bankruptcy Act and to amend the Income Tax Act in
consequence thereof, S.C. 1992, c.27, which are listed in Schedule I.
- References to "trustee" contained in the directives listed in Schedule I shall be deemed to include a
trustee licensed under subsection 13(1) of the Act, and an administrator of consumer proposals as defined in section
66.11 of the Act.
- The Directives set out in Schedule II are hereby revoked.
The Superintendent of Bankruptcy
George F. Redling
Schedule I |
(Section 2) |
Directive
Number |
Title |
Date of Issue/ Reissue |
1R |
Estate Funds and Banking |
Dec. 15, 1988 /
Jan. 10, 1991 |
3R |
Use of Related Persons to Perform Services for Bankruptcy Estates and Costs Chargeable to the Estate |
Dec. 15, 1988 /
Jan. 10, 1991 |
4 |
Trustee Consultation Fees in Non-Business Bankruptcies |
Jan. 23, 1986 /
Jan. 10, 1991 |
5R |
Third Party Deposits and Guarantees |
Dec. 15, 1988 /
Jan. 10, 1991 |
6 |
Criminal Investigations |
Feb. 17, 1986 /
Jan. 10, 1991 |
7 |
Retention of Documents by the Trustee |
June 19, 1986 /
Jan. 10, 1991 |
8 |
Unclaimed Dividends and Undistributed Funds |
June 19, 1986 /
Jan. 10, 1991 |
10 |
Reporting of Receipts Resulting from the Realization of Assets in Summary Administration |
June 19, 1989 /
Jan. 10, 1991 |
11 |
Bankruptcy Assistance Program |
Oct. 23, 1986 /
Jan. 10, 1991 |
12R |
Administrative Agreements with Trustees and Receivers |
Aug. 12, 1991 |
13 |
Estate Bonding |
Oct. 23, 1986 /
Jan. 10, 1991 |
14R |
Proofs of Claim, Proxies and Quorums at the First Meeting of Creditors |
Dec. 15, 1988 /
Jan. 10, 1991 |
15R |
Costs and Disclosure Associated with the Realization by the Trustee and Secured Creditors' Assets |
July 10, 1990 /
Jan. 10, 1991 |
16R |
Preparation of the Statement of Affairs |
Dec. 15, 1988 /
Jan. 10, 1991 |
18 |
Informing Creditors of the Result of the Bankrupt's Application for Discharge |
June 15, 1987 /
Jan. 10, 1991 |
19R |
Publication in Local Newspaper |
Jan. 4, 1991 |
20 |
Information to be provided to creditors in commercial proposals |
June 15, 1987 /
Jan. 10, 1991 |
22 |
Realization of Estate Assets |
Dec. 22, 1988 /
Jan. 10, 1991 |
23 |
Notice to Bankrupts and Officers of a Bankrupt Corporation with Regard to their Duties and Status |
Mar. 16, 1989 /
Jan. 10, 1991 |
24 |
Withdrawal of Advances on Trustee Remuneration in Ordinary Bankruptcy Administrations |
Mar. 22, 1989 /
Jan. 10, 1991 |
25 |
Fax Utilization |
April 12, 1989 /
Jan. 10, 1991 |
26R |
Delegation of Authority |
Jan. 4, 1991 |
28R |
Inactive Trustees |
Jan. 4, 1991 |
29 |
Non-resident Offices |
July 1, 1989 /
Jan. 10, 1991 |
30R |
Advertising by Trustees |
Jan. 4, 1991 |
31 |
Taking Inventory of the Bankrupt's Property |
Aug. 18, 1989 /
Jan. 10, 1991 |
32 |
Trustee's Report to the Creditors on Preliminary Administration |
April 1, 1990 /
Jan. 10, 1991 |
Schedule II |
(Section 4) |
Directive
Number |
Title |
Date of Issue/
Reissue |
2R |
Definition of Summary and Ordinary Administrations |
Oct. 2, 1986/
Jan 10, 1991 |
9R2 |
Income Tax Returns (Replaced by Insolvency Circular #1, January 21, 1993). |
April 15, 1988/
Jan. 4, 1991 |
17R2 |
Surplus Income (Replaced by Insolvency Circular #2, April 2, 1993) |
April 18, 1990/
Jan. 10, 1991 |
21 |
Documents to be Filed by the Trustee with the Superintendent of Bankruptcy |
Aug. 3, 1987 /
Jan. 10, 1991 |
27 |
Trustee General Bond |
July 1, 1989 /
Jan. 1, 1991 |
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