Rule 42 Resignation of building society liquidatorI1

Scotland

(1)

Before resigning office in accordance with section 107 of the Banking Act, the building society liquidator must call a meeting of creditors to notify them of the proposed resignation and, where the building society liquidator was appointed by the Bank of England or by the court, obtain the consent of the Bank of England.

(2)

The notice summoning the meeting shall—

(a)

indicate that this is the purpose, or one of the purposes of the meeting;

(b)

draw the creditors’ attention to section 111 of the Banking Act and rule 44 with respect to the building society liquidator’s release;

(c)

be accompanied by an account of the building society liquidator’s administration of the building society insolvency, including a summary of his receipts and payments and a statement as to the amount paid to unsecured creditors by virtue of the application of section 176A of the Insolvency Act (prescribed part); and

(d)

where the building society liquidator was appointed by the Bank of England or by the court, enclose a copy of the Bank of England’s consent.

(3)

Copies of the notice and of the account mentioned in paragraph (2) shall be sent to the court, the Bank of England and F1the appropriate regulator.

(4)

Subject to paragraph (5), the building society liquidator may only proceed under this rule on the grounds of ill health or because—

(a)

the building society liquidator intends ceasing to be in practice as an insolvency practitioner; or

(b)

there is or has been some conflict of interest or change of personal circumstances which precludes or makes impracticable the further discharge by the building society liquidator of the duties of the building society liquidator.

(5)

Where two or more persons are acting as the building society liquidator jointly, any one of them may resign (without prejudice to the continuation in office of the other or others) on the ground that, in the opinion of the person resigning and that of the other or others, it is no longer expedient that there should continue to be the present number of joint building society liquidators.

Annotations

Textual amendments

F1: Words in Rules substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 192(8)

Commencement

I1: Rule 42 in force at 15.11.2010, see rule 1