ROI - Details of Common Deeds

Trust Deed

Also known as 'Notice of Trust Deed by Trustee under Trust Deed for Creditors' or 'Notice of Inhibition by Trustee under Trust Deed'. (deed code 48)

Statutory provision for recording in ROI - schedule 4, paragraph 3(1)-(2) of the Bankruptcy (Scotland) Act 2016 and rule 1.4(2), schedule. 2, paragraph 2(3) of the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016.

This has replaced schedule 5, paragraph 2(1) of the Bankruptcy (Scotland) Act 1985 and rule 9(2) of the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008.

Notes -

The deed requires to be signed by the creditor and dated.
It must be an original deed.
Prescribed form (post 2016 Act) is Form C.

Example minute:

Notice of Trust Deed by Trustee under Trust Deed for Creditors of JOHN BROWN, 5 Crown Street, Paisley. Per James Smith, Registers of Scotland.

Recall of Trust Deed

Also known as - 'Notice Recalling Notice by Trustee under Trust Deed for Creditors'. (deed code 49)

Statutory provision for recording in ROI - schedule 4, paragraph 3(3) of the Bankruptcy (Scotland) Act 2016 and rule 1.4(2), schedule 2, paragraph 2(4) of the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016.

This has replaced schedule 5, paragraph 2(2) of the Bankruptcy (Scotland) Act 1985 and rule 9(3) of the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008.

Notes -

The deed requires to be signed and dated.
It must be an original deed.
Check that debtor and trustee are named and designed, deed has been signed by trustee with original signature and dated.
Check the debtors name and address on deed against original Trust Deed.
Check the registration dates match the original Trust Deed.
Prescribed form (post 2016 Act) is Form D.

Example minute:

Notice by Trustee under Trust Deed for Creditors of JOHN BROWN, 5 Crown Street, Paisley, recalling Notice by said Trustee, registered 30 Sep 2016. Per James Smith, Registers of Scotland.

Useful links

Register of Inhibitions User Guides

Register of Inhibitions - Reference Materials

Insolvency - Personal and Corporate (2012 Act Manual)

Bankruptcy (Scotland) Act 2016 (external link)

Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016 (external link)

Table of Contents

Warrant to Cite

Also known as - 'Certified Copy Interlocutor (CCI) granting Warrant to Cite'. (deed code 41)

Statutory provision for recording in ROI - section 26(1) of the Bankruptcy (Scotland) Act 2016.

This has replaced section 14(1)(a) of the Bankruptcy (Scotland) Act 1985.

Notes -

The person being sequestrated must be named and designed.
The name of the court and award date of sequestration must be given.
The deed must be a certified copy and should be signed next to "certified a true copy".
It must be dated and must state "grants warrant to cite".

Example minute:

Certified Copy Interlocutor (Sequestration) granting Warrant to cite JOHN BROWN, 5 Crown Street, Paisley. Date of Warrant 19 Aug 2016. Per James Smith, Registers of Scotland.

Warrant to Cite - Reservice

Also known as - 'Certified Copy Interlocutor (CCI) granting Warrant to Cite (Reservice)' or 'Petition of Creditor - Warrant to Cite (Reservice)'. (deed code 38)

Statutory provision for recording in ROI - section 26(1) of the Bankruptcy (Scotland) Act 2016.

This has replaced section section 14(1)(a) of the Bankruptcy (Scotland) Act 1985.

Notes -

The person being sequestrated must be named and designed.
The name of the court and award date of the interlocutor must be given.
- The date of first deliverance will be stated in the interlocutor, however the date of the warrant to cite of new will be reflected on the register.
The deed must be a certified copy and should be signed next to "certified a true copy".
It must be dated and must state "of new grants warrant to cite".
Check the debtors name, address and deliverance date on deed against previously registered deed.

Example minute:

Certified Copy Interlocutor (Sequestration) granting Warrant to cite, of new JOHN BROWN, 5 Crown Street, Paisley. Date of Warrant 19 Aug 2016. Per James Smith, Registers of Scotland.

The court reference number previously started 'SQ'. Since the Bankruptcy (Scotland) Act 2016 came into effect, the reference begins with an abbreviated form of the issuing court - e.g. "EDI-SQ1-17" (Edinburgh Sheriff Court).

Warrant to Cite - Dismissal

Also known as - 'Certified Copy Interlocutor (CCI) Refusing Award of Sequestration' or 'Petition of Creditor or Trustee in Trust Deed - Dismissal'. (deed code 42)

Notes -

The debtor must be named and designed.
The name of the court and award date of the interlocutor must be given.
The deed must be signed a true copy, must be dated and must state "Refuses sequestration, Dismisses the petition...".
Check the debtors name, address and deliverance date on deed against previously registered deed.

Example minute:

Certified Copy Interlocutor, dated 26 Sep 2016, dismissing petition for Sequestration of JOHN BROWN, 5 Crown Street, Paisley, the warrant to cite being dated 19 Jul 2016. Per James Smith, Registers of Scotland.

Memorandum of Renewal

Also known as - 'Renewal of Inhibition' (deed code 47)

Statutory provision for recording in ROI - section 26(6) of the Bankruptcy (Scotland) Act 2016 and rule 1.4(2), schedule 2, paragraph 2(1) of the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016.

This has replaced section 14(4) of the Bankruptcy (Scotland) Act 1985 (as substituted by section 48 of the 2014 Act) and rule 9(1) of the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008.

Notes -

The debtor and the trustee must be named and designed.
The deed must be original and must be signed and dated.
Check the debtors details against previously registered deed.
The registration date and the memorandum renewal date must be within the 3 year period.
- A memorandum may be registered outwith the 3 year period, provided it is submitted with a Sheriff Court interlocutor in terms of section 63 of the Bankruptcy (Scotland) Act 1985 or section 211 of the Bankruptcy (Scotland) Act 2016.
The renewal must narrate the registration date of the initial deed not any subsequent deeds.
Prescribed form (post 2016 Act) is Form A.
- Form B should be used for (re)appointed trustee in terms of section 152(3) of the 2016 Act.

Example minute:

Mem. Of Renewal, dated 10 Aug 2016, in respect of sequestrated estate of JOHN BROWN, 5 Crown Street, Paisley. Date of Sequestration 10 Dec 2013. Per James Smith, Registers of Scotland.

Notice of Inhibition

(deed code 05)

Statutory provision for recording in ROI - section 155(2)(a) of the Titles to Land Consolidation (Scotland) Act 1868.

Notes -

The inhibitor and inhibitee must be named and designed.
The deed must be an original and have an original signature and must be dated.
The deed must state "Agent for the inhibitor..... on behalf of...".

Example minute:

Notice of Inhib. Excellent Mortgages Limited;- against JOHN BROWN, 5 Crown Street, Paisley. Dated 29 Sep 2016. Per James Smith, Registers of Scotland.

Schedule of Inhibition

(deed code 05A)

Statutory provision for recording in ROI - section 148(1) of the Bankruptcy and Diligence etc (Scotland) Act 2007 and reg 3(1)(a) of the Diligence (Scotland) Regulations 2009.

Notes -

The debtor and pursuer must be named and designed.
The deed must be a certified true copy (by messenger at arms or sheriff officer).

Example minute:

Schedule of Inhibition by Excellent Mortgages Limited;- against JOHN BROWN, 5 Crown Street, Paisley, served 10 Sep 2016. Per James Smith, Registers of Scotland.

Or where the Schedule of Inhibition is against a specific property:

Schedule of Inhibition by Excellent Mortgages Limited;- against JOHN BROWN, 5 Crown Street, Paisley, in relation to 5 Crown Street, Paisley, served 10 Sep 2016. Per James Smith, Registers of Scotland.

Schedule of Inhibition on Dependence

(deed codes 05A, 05B, 05D & 05E depending on variation of deed)

Statutory provision for recording in ROI - section 148(1) of the Bankruptcy and Diligence etc (Scotland) Act 2007 and reg 3(1)(a) of the Diligence (Scotland) Regulations 2009.

Notes -

The debtor and pursuer must be named and designed.
The deed must be a certified true copy (by messenger at arms or sheriff officer).

Example minute:

Schedule of Inhibition on Dependence by Excellent Mortgages Limited;- against JOHN BROWN, 5 Crown Street, Paisley, in relation to 5 Crown Street, Paisley, served 23 Sep 2016. Per James Smith, Registers of Scotland.

Discharge of Inhibition

(deed code 21)

Provision for recording in ROI - common law requirement to clear the register.

Notes -

The debtor and pursuer must be named and designed.
The deed must be a self proving original - it must meet requirements of the Requirements of Writing (Scotland) Act 1995.
Check the details for the inhibitor and inhibnitee and the relevant dates against the original inhibition.

Example minute:

Disch. by Excellent Mortgages Limited;- of Inhib. (registered 20 Aug 2015, notice whereof was registered 14 Aug 2015) against JOHN BROWN, 5 Crown Street, Paisley. Per James Smith, Registers of Scotland.

Notice of Abandonment

(deed code 57 or 57A)

This can take two forms:

Notice of Abandonment (AiB is not trustee)
Notice of Abandonment (AiB is trustee)

Statutory provision for recording in ROI for each form noted above:

Section 87(8) of the Bankruptcy (Scotland) Act 2016 and reg 24(1)(a) of the Bankruptcy (Scotland) Regulations 2016 which has replaced section 32(9B) of the Bankruptcy (Scotland) Act 1985 and reg 13(1) of the Bankruptcy (Scotland) Regulations 2014.
Section 87(8) of the Bankruptcy (Scotland) Act 2016 and reg 24(1)(b) of the Bankruptcy (Scotland) Regulations 2016 which has replaced section 32(9B) of the Bankruptcy (Scotland) Act 1985 and reg 13(2) of the Bankruptcy (Scotland) Regulations 2014

The purpose of this deed is it allows the debtor to sell the properties that are named in the abandonment. Can be used where sequestration was by a Warrant to Cite (41) or a Certificate of Notice of Determination .

Notes -

Debtors must be named and designed.
Check the details against the original sequestration deed.
It is not necessary to check that the Notice of Abandonment has been submitted on the correct form. To do this would require checking the background of the sequestration which goes beyond the level of check which CAJR staff carry out. The onus is on the agent to ensure that the correct from has been used.

Example minute:

Notice of Abandonment, dated 1 Nov 2016, of the sequestrated estate of JOHN BROWN, 5 Crown Street, Paisley in relation to 10 London Road, Glasgow registered in the Land Register of Scotland under Title Number GLA978123. Date of appointment of trustee 1 Jun 2016. Date of registration of sequestration 2 Jun 2016. Per James Smith, Registers of Scotland.

Certified Notice of Determination (CND)

Also known as - 'Determination Awarding Sequestration (CND)' or 'CND Awarding Sequestration'. (deed code 56)

Statutory provision for recording in ROI - section 26(2) of the Bankruptcy (Scotland) Act 2016 and reg 12(6) of the Bankruptcy (Scotland) Regulations 2016.

This has replaced section 14(1A) of the Bankruptcy (Scotland) Act 1985 and reg 5(6) of the Bankruptcy (Scotland) Regulations 2014.

Notes -

Normally submitted to CAJR electronically by AiB.
The debtor must be named and designed.
Prescribed form (post 2016 Act) is Form 9.

Example minute:

Certified Notice of Determination by the Accountant in Bankruptcy awarding Sequestration of estate of JOHN BROWN, 5 Crown Street, Paisley. Date of Award 6 Jun 2016. Per James Smith, Registers of Scotland.

Recall of Sequestration

Also known as - 'Certified Copy Interlocutor (CCI) Recalling Award of Sequestration'. (deed code 43)

This can take four forms:

Recall of award of sequestration (concurrent proceedings).
Recall of award of sequestration by sheriff.
Recall of award of sequestration by AiB where the AiB is not trustee.
Recall of award of sequestration where the AiB is trustee.

Statutory provision for recording in ROI for each form noted above:

Section 18(7) of the Bankruptcy (Scotland) Act 2016 which has replaced section 10A(3D) of the Bankruptcy (Scotland) Act 1985.
Section 30(9) of the Bankruptcy (Scotland) Act 2016 which has replaced section 17(8) of the Bankruptcy (Scotland) Act 1985.
Section 34(4) of the Bankruptcy (Scotland) Act 2016 which has replaced section 17D(6) of the Bankruptcy (Scotland) Act 1985.
Section 35(7) of the Bankruptcy (Scotland) Act 2016 which has replaced section 17E(8) of the Bankruptcy (Scotland) Act 1985.

Notes -

Debtors must be named and designed.
Check the details against the original sequestration deed.
Must be certified a true copy.

Example minute:

Certified Copy Interlocutor, dated 25 Feb 2016, recalling award of Sequestration of estate of JOHN BROWN, 5 Crown Street, Paisley. Date of Warrant 30 Nov 2015. Per James Smith, Registers of Scotland .