OpenLegislation

Rule 106 Replacement Bank liquidatorI1

England and Wales

(1)

Where the bank liquidator vacates his office for any reason (including death) other than by removal by a meeting of creditors in accordance with rule 90, the Bank of England shall appoint a new bank liquidator as soon as practicable.

F1(2)

Where a bank liquidator has been removed by a meeting of creditors, and no resolution has been passed by that meeting to appoint a new bank liquidator, the Bank of England shall appoint a new bank liquidator as soon as practicable.

(3)

The Bank of England shall file in court the document appointing the new bank liquidator (“F2the certificate of appointment”) together with statements to the effect that the new bank liquidator—

(a)

is qualified to act as an insolvency practitioner in accordance with section 390 of the 1986 Act, and

(b)

consents to act as the bank liquidator.

(4)

The bank liquidator shall send a copy of the F3certificate of appointment to F4the appropriate regulator and registrar of companies.

F5(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Rule 106(2) substituted (15.11.2010) by The Bank Insolvency (England and Wales) (Amendment) Rules 2010 (S.I. 2010/2579), rules 1, 46(a)

F2

Words in rule 106(3) substituted (15.11.2010) by The Bank Insolvency (England and Wales) (Amendment) Rules 2010 (S.I. 2010/2579), rules 1, 46(b)

F3

Words in rule 106(4) substituted (15.11.2010) by The Bank Insolvency (England and Wales) (Amendment) Rules 2010 (S.I. 2010/2579), rules 1, 46(c)

F4

Words in Rules substituted (1.4.2013) by virtue of The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 163(f)

F5

Rule 106(5) omitted (15.11.2010) by virtue of The Bank Insolvency (England and Wales) (Amendment) Rules 2010 (S.I. 2010/2579), rules 1, 46(d)

Commencement

I1

Rule 106 in force at 25.2.2009, see rule 1