Filling in Forms Correctly
When filling in forms to make a claim in a liquidation or administration it can be a confusing process. At Kirks, we like to make things as easy as possible, which is why we have created these step-by-step guides for two of the most common insolvency forms.
Simply download our example forms and follow the instructions below to get started.
How to fill in a Proof of Debt Form
- Box 1 – This is your business name. Note that you are called the ‘creditor’.
- Box 2 – This is your business address.
- Box 3 – This is the total amount you are owed.
- Box 4 – List any supporting documents you have. For example copy sales invoices – anything to back up the claim.
- Box 5 – List any un-capitalised interest on the claim. This is rare and you will only have this if you had an agreement to charge interest. If no interest write ‘Nil’.
- Box 6 – Give details of whether any part of your claim is preferential. This only usually applies to employees who may have a partly preferential claim.
- Box 7 – Give details of how the debt was incurred.
- Box 8 – List details of any security held against the debt. An example might be a mortgage if you are a bank.
- Box 9 – Your signature if you are authorised to sign this or perhaps an internal accountant or director.
- Box 10 – This is for the name of who signed the form.
- Box 11 – This is for their position in the company.
How to fill in a Proxy Form
This is the form that’ states who will attend the meeting or has your vote and how they will vote if you have already decided.
- The name of Creditor/Member: This is your name or your company name if you are owed money as a creditor. If you are a shareholder you are called a member and this goes in here as well.
- Address: Enter the business address owed money or your address if you are a shareholder.
- Name of Proxy Holder: This is who will be representing you/your company at the meeting. You have a few options here:
- This can be “the chairman of the meeting” – which means the director of the company decides how to use your vote.
- It can be your name – which should go in if you are attending on behalf of your business.
- It can be someone else’s name who is attending for you.
- In the line starting “I appoint the above person…” you need to cross out to make the wording relevant to you. For example.
- Voting Instruction for Resolutions. This is the name of the Insolvency Practitioner you wish to appoint. This can be filled in or left blank if you are attending and want to decide on the day. If you leave this blank and have voted for the chairman to hold your proxy he will usually vote for the liquidator chosen by the directors.
- You can propose a different liquidator if you prefer (but they must consent to act).
- The form would then need to be signed, dated, write your name in capital letters and your position with the company.
If you have any comments or observations on this article or the forms please contact me by email on email@example.com