OpenLegislation

Rule 88 Action following acceptance of resignationI1

England and Wales

(1)

This rule applies where a meeting is summoned to notify the creditors of the bank liquidator’s resignation

(2)

The meeting F1shall resolve whether to give the bank liquidator their release.

F2(3)

If the meeting resolves not to release the bank liquidator, the bank liquidator shall be given a copy of that resolution and rule 95 applies.

(4)

After the meeting the bank liquidator shall file the notice of his resignation in court and F3shall send copies of the notice to the Bank of England, F4the appropriate regulator and the registrar of companies.

(5)

The bank liquidator’s resignation is effective as from the date on which the court receives the notice of F5that resignation, and the court shall endorse that date on the notice.

Annotations

Textual amendments

F1

Word in rule 88(2) substituted (15.11.2010) by The Bank Insolvency (England and Wales) (Amendment) Rules 2010 (S.I. 2010/2579), rules 1, 36(a)

F2

Rule 88(3) substituted (15.11.2010) by The Bank Insolvency (England and Wales) (Amendment) Rules 2010 (S.I. 2010/2579), rules 1, 36(b)

F3

Word in rule 88(4)(5) substituted (15.11.2010) by The Bank Insolvency (England and Wales) (Amendment) Rules 2010 (S.I. 2010/2579), rules 1, 36(a)

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

Word in rule 88(5) substituted (15.11.2010) by The Bank Insolvency (England and Wales) (Amendment) Rules 2010 (S.I. 2010/2579), rules 1, 36(c)

Commencement

I1

Rule 88 in force at 25.2.2009, see rule 1